Father of child bride seeks court's approval of marriage

Suherdjoko ,  The Jakarta Post ,  Semarang   |  Wed, 10/29/2008 10:54 AM  |  The Archipelago

The father of an underage girl has asked a religious court to approve the marriage of his 12-year-old daughter to a rich Muslim cleric, a judge said Tuesday.

"Based on regulation, requesting permission for the marriage to continue is permitted. But in this case, we don't know whether the request will be rejected or not," Tahrir, deputy chairman of the Ambarawa Religious Court, said.

Tahrir said the father, Suroso, asked the court on Sept. 17 for approval of the marriage between his daughter Lutfiana Ulfa and 43-year-old Pujiono Cahyo Widianto, the head of Miftahul Jannah Islamic boarding school in Semarang.

Under the 1974 Marriage Law, a legal marriage requires a minimum age of 16 for the woman and 19 for the man. But an article in the law states parents can ask for permission from the court to allow the marriage of their underage children.

Earlier, the Religious Affairs Office of Jambu district rejected the request by Suroso to legalize the marriage because Ulfa was still underage, so he sought clearance from the court.

A legal expert asked the court to consider the 2002 Child Protection Law, which prohibited parents from marrying off their underage children, when determining the outcome of this case.

"The court should prioritize the child protection law. The spirit of the marriage law and the child protection law is protecting underage people," Jauharotul Farida of the Gender Study Center of the Walisanga State Islamic Institute in Semarang.

Legal expert Rika Saraswati said the court, as a branch of the government, should protect children as required by law.

"Ulfa is underage and her marriage violates the law. The judge should consider this," said Rika.

According to court data Pujiono, also a rich businessman, has been married twice before but both ended in divorce.

Pujiono, made headlines when he distributed Rp 1.3 billion in alms to the poor during Ramadan, claims his marriage -- known locally as kawin siri -- was valid under Islamic teaching even if it was not accepted by the state.

However, the Indonesian Ulema Council has issued an edict banning the kawin siri practice because of the inherent social and legal ramifications.

On Monday dozens of activists staged a protest in front of the Central Java Police headquarters asking police to investigate the cleric.

The police said that Pujiono could face criminal charges under the child protection law for "forcing, swindling and/or trading" a minor to sleep with him as well as a violation of the marriage law.

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