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This book addresses the issue of agency in relation to child
marriage. In international campaigns against child marriage, there
is a puzzle of agency: While international human rights
institutions celebrate girls' exercise of their agency not to
marry, they do not recognize their agency to marry. Child marriage,
usually defined as 'any formal marriage or informal union where one
or both of the parties are under 18 years of age', is normally
considered as forced - which is to say that it is assumed that are
not capable of consenting to marriage. This book, however,
re-examines this assumption, through a detailed socio-legal
examination of child marriage in Indonesia. Eliciting the multiple
competing frameworks according to which child marriage takes place,
the book considers the complex reasons why children marry.
Structural explanations such as lack of opportunities and
oppressive social structures are important, but not exhaustive,
explanations. Exploring the subjective reasons by listening to
children's perspectives, their stories show that many of them
decide to marry for love, desire, to belong to the community, and
for new opportunities and hopes. The book, then, demonstrates how
the child marriage framework - and, indeed, the human rights
framework in general - is constructed on too narrow a vision of
human agency: One that cannot but fail to respect and promote the
agency of all, regardless of gender, race, religion, and age. This
book will be of interest to scholars, students, and practitioners
in the areas of children's rights, legal anthropology, and
socio-legal studies.
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