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Report on Webinar Discussion on the Book Fiqh on Guardianship in Cooperation between Pondok Pesantren Dar Al Fikr, Rumah KitaB and the Oslo Coalition

Cirebon, 5th July 2020

 

“The Tradition of Pesantren: Reading Facts Offers a Solution”

CIREBON [5/7/20]. In cooperation with Pesantren Dar Al Fikr Arjawinangun, Cirebon, Rumah KitaB has again conducted a seminar for discussion of the Book Fiqh on Guardianship in order to disseminate research-based ideas about the efforts for prevention of child marriage. This event was held thanks to the support of the Oslo Coalition, a human rights institution based at a university in Oslo, Norway that works to strengthen human rights, including the rights of women and children.

Adapting to the current protocol to prevent spread of the corona virus, the activity, which was held at Aula MAN Nusantara, Arjawinangun on 5 July 2020, was limited to 25 participants attending in person, in line with the guidance from the governor of West Java. However, to accommodate other participants throughout Indonesia who were interested after seeing the advertisement for the seminar, another 204 participants followed the seminar online, and a further 4000 followed it through the broadcast on Facebook Live.

The event, which began at 9.00, presented three resource persons: Nyai Nurul Bahrul Ulum, a young activist researcher in Cirebon who is active in daily life at the Fahmina Institue; Ustadz Iqbal, graduate of a sharia faculty in Morocco, who currently teaches at the Ma’had Aly within pesantren Darut Tauhid in Cirebon; and Kyai Husein Muhammad, who is often called a “kyai feminis, caretaker of Pesantren Dar Al Fikr and a leading figure in the women’s movement in Indonesia who previously served as a commissioner of the National Commission on Violence against Women (Komnas Perempuan).

The seminar went beyond merely analyzing the content of the book and its contribution to efforts for prevention of child marriage through discussion of a particular issue that strongly influences the practice of child marriage: hak ijbar (the right to coerce) in the name of the role of the father, as the guardian of his daughter. The practice of child marriage in Indonesia is conditioned by, among other matters, religious views that grant tremendous authority to the father, or to the state as the representative of the father (wali adhol) which allows an underage marriage to take place through the legal remedy of granting a request for dispensation for the marriage.

Child marriage is a serious problem and an obstacle to prosperity in society. One out of eight women in Indonesia marries below the age of 18 (Central Statistical Agency, BPS). Child marriage can lead to a series of other problems: increased risk of maternal and infant mortality, reproductive health problems, mental health problems, domestic violence, and perpetuation of poverty. This research-based data was presented by Nyai Nurul Bahrul Ulum, activist and founder of Cirebon Feminis, in the Webinar Book Discussion entitled “Prevention of Child Marriage and Forced Marriage through Study of the Book Fiqh on Guardianship” on 5 July 2020.

Therefore, Bahrul Ulum said, child marriage will always correlate with poverty and violence. To break this chain, religious interpretation is needed which is just and takes the side of women. She stated that this is why the book “Fiqh on Guardianship” published by Rumah KitaB is important to help address the problem of child marriage.

“This book can raise the awareness of religious figures in performing reinterpretation of religious texts, particularly with regard to the right of guardianship (walayah) and relations between husbands and wives (qiwamah),” said Bahrul Ulum

Ustadz Muhammad Iqbal, the second resource person, confirmed what had been conveyed by Bahrul Ulum. Iqbal, said that this indicates the urgency of the perspective of maqasid al-syariah as an analytical tool to closely examine religious texts, as is used in this book.

“Through analysis using maqasid syariah, we can not only examine what lies behind the text (maqasid al-nash) but also explore the objective or intentions of its author (maqasid al-syari’),” Iqbal said.

In this way, he said, religious texts can take the side of humanity and not perpetuate injustice. This is because the purpose of sharia is to prevent harm (mudarat) and promote benefit (maslahat) for humankind. Therefore, according to Iqbal, child marriage must be prevented, because it causes enormous harm.

Finally, Kiai Husein Muhammad, as the third speaker, further confirmed that texts will be meaningless if they conflict with reality. Hence, in the context of child marriage, the data resulting from research must serve as the benchmark and basis for legal decisions.

In his presentation, Kyai Husein described the four stages of reading a text using the Maqashid Syariah method. He said that first of all, a passage should be read as a “statement”; second, we raise the question ”why is there such a statement?”; third, we ask “what is the objective of this statement?”; and finally, this leads to advocacy by seeking to understand “how” as a proposed solution. Using the example of verses on “males as leaders”, kyai Husein demonstrated the operation of the technique for using the maqashid syariah methodology so as to produce a more transformative interpretation that can limit the right and authority of a father over his daughter (walayah) or a husband over his wife (qiwamah).

The event concluded with a very lively discussion and question and answer session. In her closing remarks, Ibu Lies Marcoes, representing Rumah KitaB, expressed her appreciation for the very high quality of the discussion, in which the resource persons perfectly complemented one another. She also expressed her thanks to the caretaker of Pesantren Dar Al Fikr and to the resource persons. The event, chaired by kyai Jamaluddin Muhammad, ended at 12.30 and was followed by a more limited discussion on the practical strategy to publicize and disseminate the book Fiqh on Guardianship as an effort to prevent child marriage. (JM/LM)

 

Gus Jamal from Rumah KitaB

Ustadz Iqbal, teacher at the Ma’had Aly within pesantren Darut Tauhid in Cirebon

Kyai Husein Muhammad, who is often called a “kyai feminis”, caretaker of Pesantren Dar Al Fikr

Nyai Nurul Bahrul Ulum, activist and founder of Cirebon Feminis

REPORT OF BOOK ROADSHOW: “Fikih on Guardianship: Rereading the Right of Guardianship for Protection of Women from Forced Marriage and Child Marriage”

Thursday, 12 September 2019

13.00 – 16.00 Western Indonesia Time

Pondok Pesantren Cipasung, Tasikmalaya, West Java

AS part of the 2019 Book Roadshow, Yayasan Rumah Kita Bersama (Rumah KitaB) conducted a discussion and analysis of the book Fikih on Guardianship: Rereading the Right of Guardianship for Protection of Women from Forced Marriage and Child Marriage at Pondok Pesantren Cipasung, Tasikmalaya, West Java, on Thursday, 12 September 2019. The opening remarks were conveyed by Dr. Zaky Mubarak, M.Si., Director of Postgraduate Programs at Institut Agama Islam Cipasung, and Lies-Marcoes-Natsir, MA., Executive Director of Rumah KitaB. The event was attended by 149 participants, consisting of lecturers, teachers, and santri from Pondok Pesantren Cipasung, Tasikmalaya.

The discussion was kicked off by Dra. Hj. N. Ida Nurhalida, M.Pd. (PP Cipasung) who spoke extensively about the experience of Pondok Pesantren Cipasung in putting gender justice into practice. Next the participants, together with the resource persons, Prof. Dr. Amina Wadud (USA), Jamaluddin Mohammad (Rumah KitaB research team), and Ulil Abshar Abdalla, MA. (PBNU), discussed the various efforts of rereading which have produced an interpretation of gender relations that are more equal and fair as a thought product that socially has a broad influence in the daily lives of the Muslim community.

The event began with the reading of verse al-Isra`: 13 of the Qur’an, which states that for all persons, without differentiation by their sex, their actions have been determined, and on the day of Judgment will be shown to them in a book containing a record of all their deeds and actions while living in this world.

 

The Experience of Pondok Pesantren Cipasung

Dra. Hj. N. Ida Nurhalida, M.Pd., who is familiarly known as Ibu Nyai Ida, explained that ever since its founding by her grandfather, KH. Muhammad Ruhiyat, Pondok Pesantren Cipasung has applied what she refers to as gender justice.

According to her story, while leading and running the pesantren in 1931, KH. Muhammad Ruhiyat was assisted in his teaching not only by his son KH. Muhammad Ilyas Ruhiyat, but also by a female teacher, Ibu Hj. Suwa. KH. Muhammad Ruhiyat never assumed that women are lacking in expertise and would be unable to provide benefits to the pesantren. Ibu Hj. Suwa was given the broadest possible opportunity to teach the books “al-Jawhar al-Maknûn”, “Alfîyyah”, and other classic books to the male and female santri. This shows that KH. Muhammad Ruhiyat was truly a person imbued with gender justice.

According to Ibu Nyai Ida, this discussion and analysis of the book Fikih on Guardianship is not the first activity related to rereading of the fikih regarding women. Many years ago, in 1994, Pondok Pesantren Cipasung was host to a similar activity which began with the Fiqh al-Nisa` program of P3M together with Kiyai Masdar F. Mas’udi and his colleagues. This program received full support from her father, KH. Muhammad Ilyas Ruhiyat. This was the first time that Ibu Nyai Ida heard about the term “gender”.

After learning about and understanding the term “gender”, Ibu Nyai Ida then concluded that true equality is a core value whose presence is indisputable in the daily life of Pondok Pesantren Cipasung. Her own father, KH. Muhammad Ilyas Ruhiyat, deeply respected his wife and children. Males and females are given the same opportunities, with no discrimination or constraints. Everyone is given freedom to pursue their own interests, and even given the freedom to choose their own marriage partners, with no coercion.

Although her mother was only a primary school graduate, her father always involved her in consultation on all matters. Behind the success of her father, who was the Rais ‘Amm PBNU [Supreme Leader of the Central Board of Nahdlatul Ulama], was her mother, a modest person who always provided input and supported him in everything.

In later developments at Pondok Pesantren Cipasung, women were not only given the opportunity to teach or serve as guru ngaji, but also granted the mandate to lead formal educational institutions. For example, the Principals of the MI, MTs, MAN [primary, junior high, and senior high school level madrasah], senior high school, and even the Head of the STIE [economic college] within Pondok Pesantren Cipasung are all women. And based on observation, the women who lead these formal educational institutions are very successful.

Regarding child marriage, Ibu Nyai Ida told that one of her aunts was married at the age of nine. However, at first she was not allowed to live under the same roof as her husband; they were only allowed to live together after she reached the age of 15. She had many children, all of whom were successful.

In her day-to-day life, Ibu Nyai Ida recalled, this aunt seemed to be fine. But when encouraged to have a heart-to-heart conversation, she would tell about all the problems she experienced. She was very sad that she had not been able to pursue her schooling to a higher level, because she had to stop when she got married. She advised her children not to get married until after they finished university.

Ibu Nyai Ida heard many stories from relatives who married in childhood. They all said, “avoid getting married in childhood.” They even became involved in the campaign to prevent child marriage within the pesantren. It commonly happens that a girl santri is taken out of the pesantren by her parents in order to be married off. Quite often the pesantren has to negotiate with the parents to allow the girl the opportunity to finish her education at the pesantren, and then when she is old enough she is allowed to marry.

For Ibu Nyai Ida, child marriage is an emergency whose handling requires the involvement of many parties, including those from the educational world of the pesantren. It is true that there is no specific religious teaching that explicitly forbids child marriage. There are still differences of opinion among the ulama regarding this issue. Some deem that child marriage is acceptable and valid, while others feel it is not. Even if it is considered permissible, child marriage is not a good thing, because based on experience, it brings more problems that advantages.

In reading a text, according to Ibu Nyai Ida, it is essential to look at its background: why did this text appear, when, and in what context? This is what is called contextualization, which continually requires a balance between the text and the context so that the mission of Islam as rahmatan li al-‘âlamin, a blessing for all, males and females, can be carried out.

To further show concern for women, Pondok Pesantren Cipasung has established a WCC (Women’s Crisis Center) or PUSPITA (Pusat Perlindungan Wanita) which is part of Puan Amal Hayati. Many cases have been handled by PUSPITA. One of these was the case of a girl who was repeatedly raped by her own father. Ibu Nyai Ida related that every time the father wished to perpetrate this evil deed, he would order his wife out of the house, while the daughter was not allowed to go with her. He did this many times, with no resistance by the girl, until finally the crime was revealed and then reported to PUSPITA. The father was arrested and imprisoned; the girl was assisted by PUSPITA and enrolled in a beautician course, and eventually she married her teacher’s son. She now has a happy life with her husband.

In Ibu Nyai Ida’s view, what PUSPITA does is an effort to protect human lives and dignity, and this is part of religiousness. “Wherever we are, that is where we must carry out our religion. When we are at school or on the campus, that is where we engage in religious behavior, not just through our prayers or fasting,” she said.

 

Between Text and Context

The experience conveyed by Ibu Nyai Ida is truly extraordinary – departing not merely from theory, but from social reality which shows that women have what in the social sciences is referred to as agency or ahlîyyah: the ability to do something or to change something in society, and this has been soundly proven by the experience of Ibu Nyai Ida through the institutions of Pondok Pesantren Cipasung. This kind of experience is widespread in society: that women have capacity and agency, in many cases exceeding that of men.

Whether we realize it or not, the views that control us even now are views that were constructed by males. In the history of interpretation of the Qur`an, for example, almost all of the main players have been men; very rarely do we find tafsir written by women. In Indonesia, or even in the world, all writers of tafsir on the Qur`an are men.

Therefore, as conveyed by Ulil Abshar Abdalla, MA., the views on the role of women in society are often out of balance. The interpretations of the texts of the Qur`an and hadith regarding women, which were constructed and written by men, do not reflect the experience of women. As a consequence, there is a gap between text and reality. On the one hand is the realty that women are increasingly involved in society, while on the other hand the interpretations of the Qur`an and hadith – which are mostly written by men – still take a disdainful view of the roles of women.

This gap, according to Ulil Abshar Abdalla, has existed for a very long time, but recently it has come into question by Muslim intellectuals, including those in Indonesia. In the recent developments, as a country with a majority-Muslim population, Indonesia has taken great steps in granting a greater role to women. Sometimes these actions have been taken without first requesting approval from the ulama, and when the ulama are asked to grant approval, it may happen that not all of them agree. For example, nowadays there is a worldwide movement to give women adequate representation in social roles. As an example, the Indonesian law on political parties states that all parties are obliged to allocate 30% of legislative candidate positions to women.

Furthermore, in their organizational structure, political parties are also required to provide an adequate allocation to women. During the deliberation of the political parties law in the parliament, nobody made an issue of the 30% representation for female legislative candidates. There has never been any major dispute in Indonesia based on religious grounds regarding the greater role for women in political parties. Yet if we look at the experience of other countries with a majority Muslim population, this is still a matter of debate.

In the countries of the Arabian Gulf – Saudi Arabia, Kuwait, the United Arab Emirates and so on – whether women can be members of parliament is still a major issue. Do women have the ahlîyyah or agency to be members of parliament?

But in Indonesia, such questions have never been an issue. Yet the construction of the tafsir on this topic is still traditional, viewing women as creatures who must always be inside the home, never outside the home. This contrasts strongly with the reality in society, where many women are actively involved in political parties, as members of parliament, and as state officials.

Ulil Abshar Abdalla related that in the 1950s, a scholar from the United States named Daniel S. Lev conducted research on judicial institutions in various regions of Indonesia. In his research, he found a woman serving as a religious court judge. Obviously, this came as a great surprise, because in Indonesia, as a country with a majority Muslim population, it was possible for a woman to be given space to serve as a judge, something which would be unimaginable in other Muslim countries.

In the Qur`an there is a verse that reads “Al-rijâl qawwâmûn ‘alâ al-nisâ`,” [QS. al-Nisa`: 34]. According to Ulil Abshar Abdalla, the interpretation of this verse by the ulama tends to be rather uniform: that leadership is in the hands of men, while women are seen as mere followers. For example, Fakhruddin al-Razi, in his book “Mafâtîh al-Ghayb” (the last major Sunni tafsir, 13th century CE) states that the meaning of “al-rijâl qawwâmûn ‘alâ al-nisâ`” is that “men are given the right to act as leaders who control women”.

If we look closely, the basis of all the concepts about wilâyah and qiwâmah is “al-rijâl qawwâmûn ‘alâ al-nisâ`” (men are leaders for women). But in daily practice we often find that “al-nisâ` qawwâmâtun ‘alâ al-rijâl” (women are leaders for men). One obvious example is Ibu Nyai Ida, who currently serves as the Principal of MAN [senior high madrasah] II Cipasung. In this position, she has many men working under her.

Does Ibu Nyai Ida’s position as Principal of the MAN conflict with the Qur`an? So we are now faced with a situation in which there is a gap between “al-rijâl qawwâmûn ‘alâ al-nisâ`” as text and “al-nisâ` qawwâmâtun ‘alâ al-rijâl” as context or social reality. Hence, the challenge for Muslim scholars going forward is to build a construction of fikih that involves dialogue between the texts (al-Qur`an and hadith) and the context (social reality).

 

The Importance of Education for Equality

Ibu Nyai Ida noted that when she gives lectures at religious study groups (majelis taklim and pengajian), she always inserts material on the importance of education for both males and females. “In the majelis taklim, we tell them that if you want to have good offspring, their mothers have to be smart. If you have children, whether boys or girls, both must be given the same opportunity to study and get an education,” she said.

The importance of education for males and females was also conveyed by Prof. Dr. Amina Wadud. Quoting a hadith of the Prophet pbuh which states, “Seeking knowledge is an obligation for both male Muslims and female Muslims,” she said that the 1441-year history of Islam has shown the importance of education, because the very first verse that was revealed to the Prophet pbuh was “Iqra’” (Read!), which emphasizes the importance of reading. The existence of this command to read as a verse revealed to the Prophet pbuh added to the knowledge of the Muslim community at that time.

According to Prof. Dr. Amina Wadud, the Muslim community achieved its golden age at precisely the same time the people of Europe were stuck in the Dark Ages. But the Muslims failed to maintain this glory, because they were unable to preserve the spirit of the importance of education as taught by the Prophet pbuh.

It is important to note that the Arabic word “tarbiyah” (education), which comes from the root “rabbâ” (to educate, to care for), does not refer solely to a quantity, but instead relates to fostering and guidance to improve the quality of life and growth of boys and girls.

The quality of growth and development must be continuously improved through education so as to enable every person to have the opportunity to become a good servant of Allah. In Prof. Amina Wadud’s view, when Allah said He would create a khalifah on the face of the earth, this showed that every human has a responsibility to give their best in order to improve the quality of human life on earth.

“Truly, the history of the future has not yet been written,” said Prof. Amina Wadud. Therefore, every person, male or female, has the same opportunity to formulate great steps to achieve an even better future.

 

The Methodology Offered by the Book Fikih on Guardianship

According to Ulil Abshar Abdalla, the book Fikih on Guardianship is truly an effort to bridge the gap between text and context by proposing a tafsir based on maqâshid al-Islâm or maqâshid al-syarî’ah and the principle of benefit. One of the themes discussed in the book is child marriage. In fikih, there is a concept known as wali mujbir, a guardian who has the right to force his child to marry. In fact, this concept is still a matter of debate between the various mazhab (schools of thought); some mazhab allow a guardian to force his daughter to marry, others do not allow this, and so on.

To date, the popular understanding in society regarding wali mujbir is that a guardian or parent has the right to use his authority to force his daughter to marry. This happens in cases of child marriage in many regions of Indonesia. Research by Rumah KitaB has found that Indonesia is a country with a very high rate of child marriage.

Among the reasons why parents marry off their daughters at a very young age are economic factors, unwed pregnancy, the factor of traditional or social views that if a girl reaches a certain age but is not yet married, this brings tremendous shame to her parents, so they have the right to force her to marry even if she does not like her prospective husband, and many other factors. This concept of wali mujbir is then used – or misused – by parents to marry off their daughters without the girls’ permission.

As well as the issue of wali mujbir, which describes the relationships between parents and children in the context of the concept of wilâyah (guardianship), the book Fikih on Guardianship also discusses the relations between husbands and wives in the context of the concept of qiwâmah (leadership). Jamaluddin Mohammad noted that gender analysis is essential in looking at the concepts of wilâyah and qiwâmah. This is because the concepts of wilâyah and qiwâmah have become well established social institutions practiced since 1300 years ago, and have become part of the value system recognized and embraced by the Muslim community. Consequently, any efforts for renewal will certainly come under suspicion as attempting to alter the long-established nash or texts; people are trying to reinterpret something that is claimed to be indisputable.

Using gender analysis as a critical perspective, it will be found that the concepts of wilâyah and qiwâmah contain asymmetry or inequality in the general relations between males and females. This gender analysis is then reinforced using the approaches of maqâshid al-Islâm or maqâshid al-syarî’ah (hifzh al-dîn, hifzh al-‘aql, hifzh al-nafs, hifzh al-nasl, and hifzh al-mâl) in the framework of triangulation between text, context, and maqâshid al-Islâm. Here, the text and context are promoted to attain the great ideal of Islam, i.e. maqâshid al-Islâm.

The book Fikih on Guardianship mentions many efforts by thinkers and practitioners to show that the efforts for a rereading of the concept of wilâyah and qiwâmah are not something new in the study of Islam. Among the noted scholars who can be mentioned are Prof. Dr. Teungku H. Mohammad Hasbi Ash-Shiddiqiy, Prof. Dr. Mr. Hazairin Harahap, S.H., Dr. (HC). KH. Sahal Mahfudz, and Dr. H. Andi Syamsu Alam, S.H., M.H., as well as ulama from the Middle East such as Rifa’at Rafi’ al-Thahthawi, Thahir al-Haddad, Muhammad Abduh, and Qasim Amin. They are thinkers and practitioners who have tried to contextualize social changes with the original texts so that the texts remain relevant in overcoming the asymmetrical gender relations in the family.

Their ideas are truly extraordinary. Take for example Thahir al-Haddad, a thinker from Tunisia, who in his time proposed the idea that the registration of marriage is one element for the validity of a marriage. A marriage certificate is one of the foundations of a valid marriage. Furthermore, in his opinion talak, effecting divorce through repudiation, is the right of both men and women. So it is not only men who can perform talak but also women, and furthermore this can be done only through the courts. Simply uttering “thalaqtuki tsalâtsan” (“I divorce you” three times) does not automatically lead to divorce. But that is how it is seen in the classical books of fikih, and this is one of the things that today’s ulama are trying to change. []

 

The mask dance show enlivened the Declaration and Agreement of “RW 17 Pegambiran To Become A Child-Friendly RW”, Cirebon, July 23, 2019

The children who enlivened the Declaration and Joint Agreement of RW 17 Pegambiran To Become A Child-Friendly RW held in Cirebon, July 23, 2019, to coincide with National Children’s Day 2019

Finland expresses its gratitude for contributions to equality with special recognition – Rumah Kita Bersama Foundation from Indonesia among the recipients

Finland places great significance on promoting equality in the world, and wishes to thank those who are working towards this common goal. To express its gratitude, Finland will be presenting special recognition to individuals and groups around the globe who are committed to advancing inclusivity in society. The names of the first recipients from 16 countries were released today, with one of the honours going to Indonesian Rumah Kita Bersama Foundation.

Equality is a core value for Finland and its people. To highlight the importance of equality and to show gratitude for the valuable work that is being done to advance equality in society, Finland will be presenting special recognition to individuals and groups around the world. Finland aims to encourage conversation about equality and promote initiatives for a more inclusive society.

Rumah Kita Bersama Foundation (Rumah KitaB) is a research institution aiming to empower women, children and marginalized groups in Indonesia. It pursues an equal society by shedding light on discriminating social and religious structures through advocacy, education and awareness building. It is led by Ms. Lies Marcoes Natsir, an independent consultant and expert in the fields of women’s rights, reproductive health, and gender in Islam.

Among other recipients of the recognition are individuals and groups from Singapore, Croatia, Namibia, Norway and Japan. They represent a range of fields, including education, minority rights and gender equality. The full list of the first recipients and more info about why they were selected are available at: https://finland.fi/han/#Han_honours.

The recognition forms part of a broader campaign about equality, launched in June 2019 and continuing until the end of the year. Finland aims to bring questions of equality to the fore of the international conversation.

In 2017, the year Finland celebrated the 100th anniversary of its independence, it promoted action around the world in the name of gender equality and launched the first International Gender Equality Prize. The prize will be awarded for the second time later this year.

 

List of recognition recipients: https://finland.fi/han/#Han_honours
Finland’s equality campaign website: www.finland.fi/han
​​​​Rumah Kita Bersama website: https://rumahkitab.com/en/
IGEP: https://genderequalityprize.fi/en

 

Source: https://finlandabroad.fi/web/idn/current-affairs/-/asset_publisher/h5w4iTUJhNne/content/finland-expresses-its-gratitude-for-contributions-to-equality-with-special-recognition-rumah-kita-bersama-foundation-from-indonesia-among-the-recipi-1/384951

NU Chairman Calls on Indonesian Muslims to Help Prevent Child Marriage

BY : SHEANY

JANUARY 23, 2019

Jakarta. Said Aqil Siradj, chairman of Nahdlatul Ulama, the country’s largest Islamic organization, has called on Muslims to play an active role in helping to prevent child marriage in Indonesia.

“Preventing child marriage is a mighty important thing to do, to avoid the negative impacts on women and children,” Siradj said, as quoted in a statement by the Rumah Kita Bersama Foundation.

In a meeting with members of the foundation at Nahdlatul Ulama’s headquarters in Central Jakarta on Monday, Siradj also offered to hold a focus group discussion with NU’s education body to build a common understanding on the importance of preventing child marriage and increasing the organization’s role in ongoing efforts.

The Rumah Kita Bersama Foundation is a research institute for policy advocacy established in 2010. Its work focuses on fighting for the rights of marginalized communities.

Involving both religious and nonreligious organizations is considered a viable way to help end child marriage, especially in rural communities where it is still practiced and considered part of tradition.

Indonesia ranks 7th among countries with the highest absolute numbers of child marriage, with around one in nine girls married before they turn 18.

The prevalence of this practice in the archipelago affects approximately 375 girls every day, according to data published by the United Nations Children’s Fund (Unicef).

Despite the legal age of marriage being 21 in the country, there have been exemptions allowing girls as young as 16 to wed with parental consent.

In December, the Constitutional Court ruled that the government must change this minimum age requirement.

The court declared that the 1974 Marriage Law discriminated against girls and diverged with rules on child protection, and subsequently gave lawmakers three years to decide what the new minimum age should be.

However, many cases show that girls enter into religious marriages through nikah siri, which literally means “secret wedding,” that are not registered with the government. The underreported nature of child marriages means that grassroots-level efforts are key, and influential organizations such as Nahdlatul Ulama could therefore play a crucial role.

“Preventing child marriage is an urgent matter for us to reduce divorce rates and for families to thrive,” Siradj said.

Source: https://jakartaglobe.id/context/nu-chairman-calls-on-indonesian-muslims-to-help-prevent-child-marriage

Forced marriage law ‘could stop victims reporting crime’

Criminalising forced marriage could stop victims from speaking up if their parents are locked up, campaigners say.

While legislation sends a “strong message,” a charity working with victims said it also scared off others.

Rubie Marie, 35, who was forced to marry in Bangladesh when she was 15, said: “It is hard because you love your family of course you do… But at the end of the day abuse is abuse.”

The Home Office said it was essential victims had confidence to speak out.

Forced marriage became a criminal offence in 2014, but only one case has been brought in Wales since then – with four convictions in total across the UK.

However, the Welsh Government estimates there are up to 100 cases of forced marriage every year.

Forced marriage victim Rubie Marie

Rubie Marie was raped almost daily by her husband in Bangladesh after being forced to marry him at the age of 15

In 2018, the forced marriage unit – a joint effort between the Foreign and Commonwealth Office and Home Office – gave advice or support in 1,196 UK cases.

Shahien Taj of the Cardiff-based Henna Foundation told BBC Wales Live more prevention work was needed to educate perpetrators, who are often the victims’ parents.

The charity said victims often wanted to return to the family home once the situation was resolved.

“I don’t know a single victim that I’ve worked with that has said she’s ok with the police coming down on parents like a tonne of bricks – all too often they don’t want any intervention because of that,” said Ms Taj.

Ms Marie, who now lives in the Midlands, said once she was married, she was raped “more or less, every single day” so her new husband could have a child and a ticket to live in the UK.

A traffic jam at an intersection in Dhaka, Bangladesh

Rubie Marie was forced to marry a man twice her age after being taken to Bangladesh

The Home Office is consulting on proposals that would legally require those who work closely with young people, such as teachers and social workers, to report suspected cases of forced marriage.

Ms Taj believes forced marriage protection orders are the preferred route – allowing young people to apply to the courts for protection, while keeping the family out of the criminal system.

“We’ve had eight cases where young women have gone home and been able to move on with their lives,” she said.

Samsunear Ali from the charity Bawso said education was key as many parents did not even realise they were breaking the law.

“For them they are doing the right thing and that’s the only way they know how to reduce the level of shame in the family that this child could potentially bring.

“It’s a huge problem in Wales, and it’s still not being talked about as much.”

She said there were cases in rural Wales where women had no support and they were at greater risk, with forced marriages potentially “going on for generations and nobody knows about it”.

Rubie Marie as a young girl

Rubie Marie – pictured here aged five – was told her trip to Bangladesh was a holiday

‘I was raped every day’

Rubie Marie was born and raised in south Wales. She had a happy childhood but everything changed once she hit puberty.

She was taken to Bangladesh in 1998 at the age of 15 under the pretence of it being a holiday.

“We were only supposed to go for six weeks but then it went to two months, then it went to three months, then it got to six months and we all got homesick,” she said.

“I asked my father, I said we want to go home. I want to go back to school. I want my friends. But he would say things like ‘we spent so much money coming here’… That was his excuse, his cover up, his facade to plan what he was planning which was the marriage.

“I was sitting down having dinner with the whole family and he just came in and he sat down and he started to eat and out of the blue, and I remember it like it was yesterday,

“‘Wouldn’t it be great if we got Ruby married?’ And I was mortified. I was a kid and I had a tantrum. I threw my plate on the floor. I started kicking off, banging the doors, ran into my room screaming, shouting. I just didn’t know how to comprehend that information.

“I was put on a bidding system. One of my uncles went and started bidding me. It was horrible. I was treated like a slave.

“I was in this alien country – I didn’t know where to go, where to turn to, didn’t know where there was a phone. Nothing.”

‘I was disowned’

Ms Marie was forced to marry a man twice her age and for her engagement she was “dressed up like a doll”.

“The house was full of laughing people, you know there was people everywhere trying to come into my room to see me, to have a peek at this new bride,” she said.

“And I was just sitting there just thinking ‘I’m just an object’. You just got to do what you’ve got to do and that’s it. My vision was just get home, do whatever you need to do to get home.”

Once she was married, her new husband wanted a child.

“More or less, I’d been raped every single day to get pregnant, so then he’s got an official British pathway of coming to Britain because he’s got a child. That was their plan,” she added.

She got pregnant and came back to Wales to give birth. When the baby was born, she fled: “That brought shame to the family again in their eyes. And I was disowned for a very long time.”

Rubie now works as an ambassador, educating people about forced marriage.

“Now I’m speaking and talking to the world and sharing in that way of there is light at the end of the tunnel, there is a place for you in this world.

“It’s not all doom and gloom. And it’s not hell. You’ve got to turn it around. You’ve got to find that strength to turn it around and use it to your advantage and make it a happy place otherwise no one’s going to do that for you.”

A Home Office spokesman said: “We know that forced marriage is often a hidden crime and so it is essential that victims have the confidence to come forward to get the help they need.

“We are seeking views on whether introducing a mandatory reporting duty might help strengthen protections for victims and ensure more perpetrators are brought to justice.

“The consultation is open to everyone and we are particularly interested in hearing from victims and survivors of forced marriage, and professionals with expertise in the issue of forced marriage.”

Source: https://www.bbc.com/news/uk-wales-46455013

Screening and Discussion of the Film “Memecah Kawin Bocah” by UMN Juice

On November 12, 2018, Rumah KitaB received an invitation from student community of Multimedia Nusantara  University: UMN Journalism Center (UMN Juice) to attend the screening and discussion of the film “Memecah Kawin Bocah”. The film produced by Rumah KitaB in 2016 was one of the selected films played in UMN Juice’s monthly screening film, in addition to the film “Ojek Lusi”, which tells about ojek around the Sidoarjo Mud, which is one of the film produced by UMN students.

The event which was attended by around 25 students was opened with the screening of the film “Memecah Kawin Bocah” and continued with a discussion session by representatives of Rumah KitaB, Fadilla Putri, and Adit from UMN Juice as moderators. Fadilla convey the background of the film. The film is a part of the RK research which lasted for two years. This is a challenge to “simplify” the issue of child marriage that is so complex into the short film.

Fadilla also explains why choosing the issue of child marriage for this movie. Besides as a part of the RK advocacy since 2014, another reason to make this film is that child marriage is still a concern in Indonesia. The child marriage data shows that Indonesia is ranked 7th in the world and 2nd in Southeast Asia. Moreover, with the rise of the fundamentalist movement lately, many have encouraged teenagers and young people to get married early to avoid adultery. In fact, marriage that has not yet reached maturity could have a negative impact on children, especially girls.

Regarding the technique of making films, it can be said that it is not easy. Starting from the selection of informants that have good articulation, making strategic interview questions, and involving child marriages survivor, all of them need extra work to fulfill the principles of protection for children and women. Luckily in the making process, RK was assisted by friends from Communicaption who provided input regarding the storyline and the production process.

The screening of the film “Memecah Kawin Bocah” at UMN is also one of the forms of RK advocacy to a wider audience, moreover the majority of the audience are students. It has to be admitted that the dissemination of this film is still in a limited circle, that is, a group that indeed both understand the dangers of child marriage. By watching and discussing this film with the students, it’s expected that the fellow students have new knowledge related to this dangerous practice. [Dilla]

ITACI UNITES THE YOUTH OF CILINCING IN A CHILD MARRIAGE PREVENTION EFFORT

Andriantono or Andre is one of BERDAYA Program for Youth’s beneficiaries in Cilincing who was successful in incorporating the issue into a lenong performance. Drawn to lenong since a young age, Andre views that the child marriage prevention materials he received are perfect to be used in a lenong performance.

Andre first acted in 2010. He recalled that back then, his friends in RW 6 Kalibaru, Cilincing, North Jakarta, were surprised by his choice to work on lenong, which was considered an outdated performance.

Andre, who was still in high school back then, fell in love with traditional performances. Outside of school, he liked to join events held by many civil society organizations such as World Vision which held a performance in the area a few years ago as a part of its Children’s Day Celebration and Children’s Rights Campaign. Since then, Andre could not take his eyes off art performances, including lenong.

His passion for acting continues even now when he works full time as a security guard in Tanjung Priok Port in Cilincing. He routinely trains ten young children who are a part of the Cilincing Theatre Association (Ikatan Teater Cilincing-ITACI). He partners with Jumadi, a tent officer who was drawn to theatre because of his love for music, to train members of ITACI.

However, it is not easy to attract children in RW 6 to join art activities. “Most of them have lost their interest in art as they are more attracted to hanging out with friends, playing with their cell phones, and joining football gangs,” explained Andre.

Agreeing with Andre, Jumadi views that the adolescents in the area are in need of a more positive activity. “During the previous Ramadhan, many of them joined the suhoor parade, but in the end, they all ended up in brawls,” he added.

Irresponsible adolescent behaviour leading to child marriage is also a common phenomenon for Andre, Jumadi, and the residents of Kalibaru. Poverty and reluctance among the adolescents to talk to their parents motivates them to spend most of their time with their peers, and they often go unsupervised. The emergence of social media has also impacted the way they interact with others. “Some of my friends who got married young did not marry people from this area. Many of them met their partners who are from areas outside of Kalibaru through Facebook and chatting apps,” explained Andre.

The 2013 data of the National Socioeconomic Survey (Susenas) analysed by Statistics Indonesia reveal that 5.6% of girls in DKI Jakarta were married under the age of 15, 20.13% were aged 16-18 years, and 50.08% were aged 19-24 years. As it is a densely populated area, the number of child marriage in DKI Jakarta is considered high.

An assessment by Achmat Hilmi, Program Officer of the BERDAYA Program, notes that in 2017, around 20% of the women delivering babies in Puskesmas Kalibaru were children aged below 18 years. The assessment also takes note of the factors contributing to child marriage, which are: unintended pregnancies, parents’ fear that their children will get pregnant out of wedlock, long-held traditions from many parts of the country such as South Sulawesi, Riau, and West Java that support child marriage, high numbers of school dropouts who become unskilled labourers, and lack of awareness about the impact on girls of child marriage among formal and non-formal community and religious leaders.

Andre’s involvement in child marriage prevention started when he was asked by the head of the village, Bapak Haji Karim, to gather adolescents in the neighbourhood to join a training on child marriage prevention held by Rumah KitaB in Kalibaru from 29 June to 1 July 2018. This training was part of a series of trainings on child marriage prevention held in three different locations – Cilincing, Makassar, and Cirebon – for adolescents, parents, and formal and non-formal leaders with the support of Australia Indonesia Partnership for Justice 2 (AIPJ2).

Not long after the completion of the training, an opportunity arose to join a lenong competition held by DKI Jakarta’s Agency of Tourism and Culture. “I proposed that my team perform a child marriage prevention-themed lenong performance, as this event celebrates not only the birthday of DKI JAKARTA but also Children’s Day,” Andre said. The competition was held on 16-20 July 2018 or two weeks after the completion of our training. “Lenong is an entertaining performance, so we can use this to deliver our message about child marriage prevention in a fun way,” he added.

Andre and Komar wrote the scenario and trained around 10 adolescents as the lenong performers. Their script talks about a story of an arranged marriage of a girl in Cilincing and it incorporates a lot of daily conversations between friends, parents, and community leaders into its storyline. “As an example, we added to the script a dialogue between a girl, just graduating from junior high school, and her parents in which she tells them that she wants to get married as soon as possible. This is indeed a common conversation among our children in Kalibaru,” Andre further added.

“We not only talked about the impact of child marriage, but we also conveyed a strong message that as a child, we are allowed to express our opinion even when it is different from that of our parents, especially when we have to disagree for a good reason and not just as an act of rebellion against our parents,” Andre explained. Although the group did not win the lenong competition, ITACI and the lenong festival have successfully united the adolescents of Cilincing to continue doing their creative activities and spreading child marriage prevention messages.

Under the BERDAYA Program, Andre and his friends who are members of a small theatre group in RW 6 and ITACI will continue to join advocacy activities to prevent child marriage. They will play their active role by conducting lenong and dance practice and providing counselling for Kalibaru adolescents that talks about the impact of child marriage in schools and in community village posts to target school dropouts. [Hilmi]

Andre (Tengah)

BERDAYA Report from MAKASSAR: Youth Initiative for Child Marriage Prevention

Around 30 adolescents participated in the BERDAYA Training Program for Child Marriage Prevention held by Rumah Kita Bersama on 1-3 June 2018 in Makassar, South Sulawesi. During the third day of the training, the participants were appointed as Child Marriage Prevention Ambassadors in their respective areas. They were asked to work in a group to come up with ideas and initiatives to campaign for child marriage prevention in their residential areas, Tamamaung and Sinrijala administrative villages.

Radiana was the guide for various competitions during the 73rd Indonesian Independence Day at RT.08, Sukaria 13, Tamamaung, Makassar.

Child Marriage Prevention Campaign at the People’s Party/Pesta Rakyat

The first group consists of the participants who live in Jalan Sukaria, Tamamaung Administrative Village. They initiated a child marriage prevention campaign during the 73rd celebration of Indonesia’s Independence Day. For the event that was held from 16-19 August 2018, the group formed a committee, made a budget plan, and created an event concept outlining various competitions for the adolescents, children, and mothers to be held as a part of the People’s Party.

Nearing the event, the group was busy preparing. They distributed tasks among them. Some were tasked with gifts, while others collected donations from people around the area. The community was excited that the adolescents were bringing back the People’s Party which had not been held in the area for quite some time. Interestingly, the group received a lot of help from mothers who live in the area. Children also enthusiastically registered to join the competitions. The girls were also busy practicing a dance to be performed during the event. Everyone was delighted!

Radiana is one of the most active adolescents at the committee. Radiana organized her friends and the children who wanted to participate in the competitions. Sri Dewi Permai, the event’s chairperson, was also seen busily preparing for her speech and the event report a couple of days before the event. “I don’t know what to say, this is my first time delivering a speech in front of a large audience,” Dewi stated nervously.

The competitions started on 16 August 2018. People gathered at Jalan Lorong Sukaria 13. Radiana and her friends, with the help of the mothers, prepared the equipment needed for the competitions. Cracker eating contest, marble-and-spoon race, and sack race were among the competitions held on the first day of the event. The wave of excitement continued on the second day as children aged 6-12 years, adolescents aged 13-16 years, and mothers joined a balloon dance. The third day of the event saw continuous excitement as people participated in a sitting-on-a-balloon competition. The group took the chance to campaign against child marriage during this competition. Each of the balloons had a secret note containing messages to support child marriage prevention which the participants had to read out loud once the balloons popped.

The group of mothers also celebrated and assisted the Child Marriage Prevention
Ambassador to prepare and enliven their activities

During the last day of the event, the stage was set and the traditional costumes for the dancers were ready. Our ambassadors enthusiastically prepared themselves to campaign for child marriage prevention during the night of the People’s Party.

Lorong Sukaria 13 was teeming. The men climbed the stage to put up the event’s banners. Children were seen arranging chairs while the adolescents were busy preparing gifts and the mothers were preparing snacks. All of them worked together enthusiastically. Ibu Ramlah, the wife of the village head, was also busy welcoming people. The women sat in front row while the men occupied the back row. As the children were really thrilled, they only wanted to sit right in front of the stage. The long-awaited party was finally held!

Tulolona Dance of Sulawesi was performed to open the event. Radiana and Neneng, in their green-colored Baju Bodo clothing, were the event’s masters of ceremony (MC). They invited their friend, Dewi, to deliver her speech and event report outlining the budget they managed. The head of the village, Muhammad Ridwan, gave a speech and opened the event. In his speech, he expressed his appreciation for the spirit and work of our ambassadors. He hoped that such an activity would strengthen the harmony in the communities.

The winners of each competition were announced during the party and each of them proudly went to the stage to claim their gifts.

In the middle of the event, our ambassadors took the chance to campaign for child marriage prevention. They presented data and facts on child marriage in Tamamaung taken from research conducted by Rumah Kita Bersama in 2017 in Tamamaung and Sinrijala Administrative Villages. The presentation was supplemented by national data on child marriage. Our ambassadors further presented information on the definition of a child and of child marriage as well as factors contributing to child marriage and its impacts. The event was concluded with a Tari Kipas dance performed by six girls.

The Ambassadors for Child Marriage Prevention giving information about child marriages facts

A Creative Campaign, Statements Stitching

Our child marriage prevention ambassadors who are students of Tut Wuri Handayani Junior High School in Tamamaung Administrative Village had a different idea to campaign for child marriage prevention in their school. Initially, they wanted to run the campaign by gathering students and teachers in the school hall. However, this idea was met with mockery as soon as their friends learned about the topic. This was indeed a common reaction to this topic.

On 3 August 2018, seven young people gathered to discuss how they were going to implement their child marriage prevention training’s follow-up plans, as they were worried that their initial idea would result in bullying. They agreed that they needed a better idea. Finally, they came up with an idea to campaign creatively with stitching. On the same day, they also came up with the idea to stitch the statement that reads ‘I need a diploma, not a marriage certificate’ on to their clothes. They believed that this statement would serve as a powerful reminder for them and others to prevent child marriage. The statement was also addressed to their teachers to gain their support for child marriage prevention in school.

 

 

On 19 August 2018, our ambassadors met again at the home of Ade, one of the ambassadors. They selected their cloths and distributed tasks between them. Interestingly, this stitching activity was not exclusively done by the girls, as a couple of boys also turned up to help.

 

Activity embroidering statement

For them, stitching is an easy and interesting activity to do as they are accustomed to doing it during their craft lesson at school, but it was only then that they realized that stitching could be used in a campaign. They planned to display their works on the wall of their art room. They intend to meet their school’s headmaster to get permission and support for their campaign. (Sartika Nasmar)