Forced Marriage in Mojorejo Village Indonesia: A Qualitative Study from Islamic Law and Human Rights Perspectives
DOI:
https://doi.org/10.64780/rolsj.v2i1.212Keywords:
forced marriage, human rights, Islamic law, women's independence, right to choose a partnerAbstract
Background:Marriage is a social institution that plays a crucial role in forming families and maintaining the continuity of social life. From the perspective of Islamic law and human rights, marriage should ideally be based on the consent and willingness of both parties, without any element of coercion. However, in social practice, cases of forced marriages by parents or guardians of their children are still found. This phenomenon demonstrates a gap between normative legal principles and prevailing social practices.
Aims:This study aims to analyze the practice of forced marriage from the perspective of Islamic law and human rights and to examine women's independence in determining their life partner.
Methods:This study used a qualitative approach with field research. Data were obtained through interviews and observations with informants involved in forced marriage practices in Mojorejo Village, Kebonsari District, Madiun Regency. Data analysis was conducted using an interactive analysis model that included data reduction, data presentation, and drawing conclusions.
Result:Research shows that forced marriages persist due to the influence of strong social, cultural, and family interests within society. In some cases, marriage decisions are largely made by parents or guardians, limiting an individual's freedom to choose a life partner. This situation demonstrates a gap between social practices and the principles of Islamic law and human rights, which emphasize the importance of mutual consent in marriage.
Conclusion:This research confirms that the practice of forced marriage is not entirely in line with Islamic law and human rights principles, which uphold individual freedom to choose a life partner. Therefore, public awareness is needed regarding the importance of the consent of both prospective bride and groom in marriage as a form of protection for individual rights and justice in family life.
References
Afiq, AZA (2021). The Controversy over the Guardian's Right to Ijbar for the Bride in Marriage and Its Impact on the Family Economy. Journal of Islamic Economics and Business (JEBI), 1(2), 135–148. https://doi.org/10.56013/jebi.v1i2.1069
Ahmed. (2023). Forced Marriage in the Perspective of Islamic Law and the Context of Human Rights Studies. World Journal of Legal Studies (JURDIKUM), 1(2), 44–49. https://doi.org/10.59435/jurdikum.v1i2.168
Almahisa, YS, & Agustian, A. (2021). Early Marriage from the Perspective of the Marriage Law and the Compilation of Islamic Law. Jurnal Rechten: Research on Law and Human Rights, 3(1), 27–36. https://doi.org/10.52005/rechten.v3i1.24
Alves, RMC, & Safei, LM (2024). The Impact of Early Marriage on the Economic Conditions of the East Sapa Community. Al-'Aqdu: Journal of Islamic Economics Law, 4(2), 109–120. https://doi.org/10.30984/ajiel.v4i2.3375
Hermawan, AF, Hadi, SE, & Khoerunnisa, N. (2025). The Role of Family and Social Environment in Fertility-Related Decision-Making. Triwikrama: Journal of Social Sciences, 9(10), 71–80. https://doi.org/10.9963/sxzg8p11
Ibnudin, Syathori, A., & Himmawan, D. (2023). Reconstruction of Interfaith Marriage Law from a Human Rights Perspective. Journal of Islamic Education and Studies, 9(3), 1086–1100. https://doi.org/10.31943/jurnal_risalah.v9i3.706
Izzah, H., Firdausi, M., & Syaifuddin, MSI (2021). Factors and Impact of Forced Marriage on the Dissolution of Marriage According to the Compilation of Islamic Law. The Indonesian Journal of Islamic Law and Civil Law, 2(1), 59–78. https://doi.org/10.51675/jaksya.v2i1.174
Jahwa, E., Siregar, D.P., Harahap, M.R., Mubarak, I., & Akbar, A. (2024). The Concept of Marriage in Islamic Law and National Law in Indonesia. Innovative: Journal of Social Science Research, 4(1), 1692–1705. https://doi.org/10.31004/innovative.v4i1.8080
Khaidir, Yulis, S., Syahputra, MR, & Muhammad. (2025). Comparison of the Guardian's Right to Consent in Marriage: The Shafi'i Fiqh Perspective and Marriage Law in Indonesia. Al-Qawānīn: Journal of Law, Sharia, and Islamic Studies, 2(1), 97–121. https://doi.org/10.70193/alqawanin.v2i1.05
Lagus, W., Salma, S., & Bakhtiar, B. (2025). The Dynamics of Social Institutions in Family Law: Understanding Values, Norms, and Their Functions. Al-Qanun: Journal of Social Studies and Islamic Law, 6(2), 120–133. https://doi.org/10.58836/al-qanun.v6i2.24685
Litehua, A. (2021). Factors in Divorce Lawsuits at the Madiun Regency Religious Court. Pro Justicia: Journal of Law and Social Affairs, 1(2), 144–166. https://doi.org/10.55380/projus.v1i2.154
Maharani, N. (2024). Implementation of Forced Marriage as a Customary Demand from the Perspective of Positive Law and Human Rights. Taruna Law: Journal of Law and Syariah, 2(01), 25–34. https://doi.org/10.54298/tarunalaw.v2i01.168
Maimun, M. (2022). Marriage in the Compilation of Islamic and Civil Law. Al-Mizan Journal, 9(1), 12–21. https://doi.org/10.54621/jiam.v9i1.263
Majid, A. (2024). Early Marriage Problems in an Ideal Marriage from the Sociology of Religion's Perspective. TheJournalish: Social and Government, 5(4), 525–537. https://doi.org/10.55314/tsg.v5i4.832
Malik, DA, Arifin, T., & Fauzia, I. (2025). Analysis of Islamic Marriage Law against Article 16 of the Universal Declaration of Human Rights. Jurnal Hukum Lex Generalis, 6(6). https://doi.org/10.56370/jhlg.v6i6.1471
Malisi, AS (2022). Marriage in Islam. SEIKAT: Journal of Social, Political, and Legal Sciences, 1(1), 22–28. https://doi.org/10.55681/seikat.v1i1.97
Musyafah, AA (2020). Marriage from the Philosophical Perspective of Islamic Law. CREPIDO, 2(2), 111–122. https://doi.org/10.14710/crepido.2.2.111-122
Muttaqin, MN, & Fadhilah, N. (2020). The Right of Ijbar of a Guardian: A Review of Maqashid Syari'ah and the Anthropology of Islamic Law. De Jure: Journal of Law and Sharia, 12(1), 102–119. https://doi.org/10.18860/j-fsh.v12i1.7923
Setiarini, LD (2021). Interfaith Marriage from a Human Rights Perspective. Al Qodiri: Journal of Education, Social and Religious Affairs, 19(1), 45–55.
Suryatni, L. (2021). Marriage Changes the Status of Men and Women in Society. SCIENTIFIC JOURNAL OF AEROSPACE LAW, 11(2). https://doi.org/10.35968/jihd.v11i2.769
Toriqudin, AM (2022). Forced Marriage and Its Implications: A Case Study in Bugo Village, Jepara Regency. Isti`dal: Journal of Islamic Law Studies, 9(1), 1–14. https://doi.org/10.34001/ijshi.v9i1.3221
Wijayanto, E. (2023). The Convergence of Legal Politics, Human Rights, and Pancasila on Interfaith Marriage in Indonesia. WICARANA, 2(1), 39–55. https://doi.org/10.57123/wicarana.v2i1.31
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2026 Ida Rahmawati, Isnatin Ulfa
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.