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Applicant’s Expert, renowned cleric Quraish Shihab attended trial on Act 1/1974 about marriage, Tuesday (11/18). Quraish, explained his opinion on what age should the bride is perfectly ready for marriage.

He said, accounts of Islam ulemas has revised minimum age of bride according to society’s need. Once, some agreed that man can marry with pre-menstruated bride. “But some say it is now prohibited,” he said

Quraish also took out minimum age of bride. Al Quran and hadits have never once explained about minimum age. Al Quran just says the purpose of the marriage.

“Al Quran suggests that those who have physically and mentally prepared, shall be getting married.” Quraish explained.  

“Cant envisage how 16-year-old girl can be involved in consultation, and complying function as expected by sunnah to be responsible for the family,” Quraish added.

High School Graduated

The hearing also involved representative from Indonesian Buddhist Association (Walubi), namely Sudaryanto. In principle, Walubi suggested that ideal for bride is 18. Should a girl enters first primary school at 6, thus ideal parameter for marriage is after being graduated from High School.

He said, 18 is proper age for a bride to start a family and physically ready to maternity. Buddhist teaching glorifies equality and regards women as well as it does to men.  

Previously, the Plaintiffs expressed that age limit for women is in contrast to other national regulations. The Plaintiffs explained that Article 7 verse (1) and Article 7 verse (2) of the mentioned Act, has been implemented by seizing the bride’s development rights and getting proper education. Thus, it is opposing Article 28B verse (2) and Article 28C verse (1) of 1945 Constitution.           

According to Plaintiff, postponing marriage is a way so the women can gain higher education. According to the explanation, the ruling Act has actually and potentially harmed the Women’s rights in having higher education. “According to the reasons, a quo requirement has determined age limitation and is discriminative as the ruling distinct men to women in bold line,” Plaintiff explained.  

The ruling is seen to hamper an effort of striving women’s rights in gaining higher education. Moreover, the Plaintiffs see that ideal age would be 18 years old.(Nano Tresna Arfana/mk)

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