Taking Islamic law as its guide, leading Muslim organization Nahdlatul Ulama on Friday issued a fatwa declaring underage marriage acceptable as long as the purpose of the union was to build a happy family.
Cholil Nafis, secretary of the committee for religious issues for this past week’s 32nd NU congress, said the gathering had agreed that there should be no age restrictions on marriage because sacred Islamic verses or regulations had not stipulated a minimum age.
“They can get married at any age, even girls who haven’t started menstruating,” he said. “And they can have intimate relationships and intercourse, as long as they are able.”
Cholil said Islamic law only suggested that marriages would be better after a woman had her first period.
“As long as the objectives of the marriage are positive, it is allowed,” Cholil said. “Mind you, we don’t encourage people just to get married to fulfill their desires, no,” he added.
NU was aware that some groups might disagree, he said. While NU looked at the issue from a religious point of view, others might focus on different aspects, such as human rights.
“If people disagree with our fatwa, so be it. We never force people to follow what we say.”
Cholil said an NU report mentioned underage marriages in some regions, but added that they were mostly traditional engagements between families who wanted their offspring to marry.
Under such a marriage, the minors are wed under Islamic law as if they were adults, but live separately with their families until they are judged mature enough to assume adult responsibilities.
Friday’s edict drew immediate criticism from the Indonesian Ulema Council (MUI), as well as the nation’s second-largest Islamic group, Muhammadiyah, and the National Commission on Violence Against Women (Komnas Perempuan).
“Girls need mental maturity to be responsible for their husband and children,” MUI chairman Amidhan. “Based on the 1974 Law on Marriage, girls can only get married after they are 16.”
Yunahar Ilyas, Muhammadiyah’s fatwa committee chairman, said NU should not issue edicts and recommendations based solely on an Islamic perspective.
“They are supposed to see this matter comprehensively. Menstruation is not a measurement of a girl’s maturity,” Yunahar said.
“She needs to be mentally and intellectually mature to be able to be a good mother and wife.”
Komnas Perempuan vice chairwoman Masruchah told the Globe that the edict violated the Law on Child Protection, which defines children as being younger than 18 years old.
Girls can begin to have their periods as early as the age of 9, but their reproductive system is still fragile and they are “not ready to be a sexually active person,” she said.
Cholil Nafis, secretary of the committee for religious issues for this past week’s 32nd NU congress, said the gathering had agreed that there should be no age restrictions on marriage because sacred Islamic verses or regulations had not stipulated a minimum age.
“They can get married at any age, even girls who haven’t started menstruating,” he said. “And they can have intimate relationships and intercourse, as long as they are able.”
Cholil said Islamic law only suggested that marriages would be better after a woman had her first period.
“As long as the objectives of the marriage are positive, it is allowed,” Cholil said. “Mind you, we don’t encourage people just to get married to fulfill their desires, no,” he added.
NU was aware that some groups might disagree, he said. While NU looked at the issue from a religious point of view, others might focus on different aspects, such as human rights.
“If people disagree with our fatwa, so be it. We never force people to follow what we say.”
Cholil said an NU report mentioned underage marriages in some regions, but added that they were mostly traditional engagements between families who wanted their offspring to marry.
Under such a marriage, the minors are wed under Islamic law as if they were adults, but live separately with their families until they are judged mature enough to assume adult responsibilities.
Friday’s edict drew immediate criticism from the Indonesian Ulema Council (MUI), as well as the nation’s second-largest Islamic group, Muhammadiyah, and the National Commission on Violence Against Women (Komnas Perempuan).
“Girls need mental maturity to be responsible for their husband and children,” MUI chairman Amidhan. “Based on the 1974 Law on Marriage, girls can only get married after they are 16.”
Yunahar Ilyas, Muhammadiyah’s fatwa committee chairman, said NU should not issue edicts and recommendations based solely on an Islamic perspective.
“They are supposed to see this matter comprehensively. Menstruation is not a measurement of a girl’s maturity,” Yunahar said.
“She needs to be mentally and intellectually mature to be able to be a good mother and wife.”
Komnas Perempuan vice chairwoman Masruchah told the Globe that the edict violated the Law on Child Protection, which defines children as being younger than 18 years old.
Girls can begin to have their periods as early as the age of 9, but their reproductive system is still fragile and they are “not ready to be a sexually active person,” she said.
