Journal of Islamic Law (JIL), Vol. 3, No. 2, 2022.

Between Culture and The Sacredness of Fiqh: The Role of Lebe in
Child Marriage Practices in Brebes, Indonesia
Antara Budaya dan Sakralitas Fikih: Peran Lebe dalam Praktik
Perkawinan Anak di Brebes, Indonesia
Arifah Millati Agustina*
Universitas Islam Negeri Sayyid Ali Rahmatullah Tulungagung, Indonesia
arifah.millati@uinsatu.ac.id
DOI: 10.24260/jil.v3i2.858
Received: July 8, 2022
* Corresponding Author

Revised: August 30, 2022

Approved: August 30, 2022

Abstract: This article analyses the role of lebe (penghulu or local marriage
officiant) in the practice of child marriage in Brebes, Indonesia. Ranked second
after Indramayu, Brebes is a district that still has a Sundanese cultural heritage
with its deep-rooted practice of child marriage. The fundamental question in
this article is, what is the role of lebe in the practice of child marriage in Brebes?
Is child marriage in Brebes a generic culture from its predecessors, or is this
culture a form of cultural appropriation (perpetuating a culture that is not its
own because of cultural domination)? Using a socio-legal research framework,
the author argues that lebe plays a vital role in rooting the practice of child
marriage in Brebes. His understanding of classical fiqh (Islamic jurisprudence)
as a dogma legitimizes the practice of child marriage in Brebes. He prioritizes
aspects of the readiness of the bride and groom rather than the minimum age
limit for marriage regulated by the state. Besides the role of lebe, the
understanding of the community who views that the age of marriage is
relative, women must be protected, the culture of child marriage as a stepping
stone to a better life, and the cultural war between populists (community) and
elitists (village government officials), distrust of education is another factor
that perpetuates the practice of child marriage in Brebes.
Keywords: Brebes, Generic Culture, Child Marriage, Age of Marriage, Lebe.
Abstrak: Artikel ini menganalisis peran lebe (penghulu) dalam praktik
perkawinan anak di Brebes, Indonesia. Menduduki peringkat kedua setelah
Indramayu, Brebes adalah kabupaten yang masih menyisakan warisan budaya
Sunda dengan praktik kawin anak yang mengakar kuat. Pertanyaan mendasar
dalam artikel ini adalah bagaimana peran lebe dalam praktik perkawinan anak
di Brebes? Apakah perkawinan anak di Brebes merupakan budaya generik
(asli) dari para pendahulunya atau budaya tersebut merupakan bentuk dari
apropriasi budaya (pelanggengan budaya yang bukan budanya sendiri akibat
dominasi kultural). Dengan menggunakan kerangka kerja penelitian sosiallegal, penulis berargumentasi bahwa lebe berperan penting dalam
mengakarnya praktik perkawinan anak di Brebes. Pemahamannya terhadapa
fikih klasik sebagai dogma digunakannya untuk melegitimasi praktik

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perkawinan anak di Brebes. Ia lebih mengutamakan aspek kesiapan para calon
pengantin dari pada batas usia minimum perkawinan yang telah diatur oleh
negara. Selain peran lebe, pemahaman masyarakat yang memandang bahwa
usia perkawinan adalah relatif, perempuan harus dilindugi, budaya kawin
anak sebagai batu loncatan untuk kehidupan yang lebih baik, perang budaya
antara populis (masyarakat) dengan elitis (pejabat pemerintah desa),
ketidakpercayaan terhadap pendidikan merupakan faktor-faktor lain yang
melanggengkan praktik perkawinan anak di Brebes.
Kata Kunci: Brebes, Budaya Generik, Perkawinan Anak, Usia Perkawinan,
Lebe.
A. Introduction
The study of the practice of child marriage not only involves legal aspects but
also intersects with the cultural realm. The reasonings vary; among others are selfimprovement, normal pressure, or compulsion due to the entanglement of
conditions. From the legal perspective, child marriage is described in the Convention
on the Rights of the Child as marriage between humans younger than eighteen.1 In
their study in the 2014 annual report, the United Nations Children’s Fund (UNICEF)
reported that 85 million children married in Indonesia. One in six women were
married before 18 years old.2
One regency with the most child marriages in Indonesia is Brebes. According
to the Central Java Newspaper coverage, child marriages in Brebes reached 3,876 in
2016. This report is corroborated by the information from The Indonesian National
Population and Family Planning Board (BKKBN) that put Brebes Regency in the first
place regarding child marriage, followed by Grobogan, Demak, and Magelang
Regencies. 3 Meanwhile, according to data from the Agency for Women’s
Empowerment, Child Protection and Family Planning (BP3AKB) of Central Java

1 International law categorizes child marriage as a form of violence and at the same time a

violation of human rights. Article 16 (2) of the International Declaration of Human Rights affirms that
marriage must be based on the personal will of the bride and groom without any element of coercion.
Sustainable Development Goals (SDGs) also clarify the goals and directions for the protection of
children so that their rights are fulfilled and they grow equally. Researcher Team, Laporan Penelitian
Program Studi Kajian Gender Sekolah Kajian Strategik dan Global Universitas Indonesia Bekerjasama
dengan Kementerian Pemberdayaan Perempuan dan Perlindungan Anak (Jakarta, 2016): 1.
2 Ibid., 2.
3 Taufiq Budi, “Kabupaten Brebes Peringkat Pertama Kasus Perkawinan Anak,”
lifestyle.okezone.com, November 21, 2017.

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Province,4 there are seven sub-districts in Brebes Regency that percentage-wise
show a high rate of child marriage: Kersana, Ketanggungan, Larangan, Losari, Salem,
Bantarkawung, and Banjarharjo sub-districts. Among those seven sub-districts,
Banjarharjo Sub-district ranked first with 55.67 percent. 5
The rampant child marriage in the northern part of Brebes Regency is
supported by various factors such as education, the low economy of parents, and
community culture, which is the most dominant factor. 6 These factors have
contributed to deep-rooted beliefs, low parental education, and the strengthening of
the tradition of marrying children at an early age. The lack of education also results
in the lack of information related to marriage rules in Indonesia. The low percentage
of people who understand the law, the prevalence of the title ‘spinster’ attached to
highly educated women, the promiscuity of minors, and poor reproductive health
education are also factors that are often found in the practice of child marriage. 7
In addition to the above factors, the public’s enthusiasm for religion and the
understanding of religious leaders in classical fiqh (Islamic jurisprudence) are also
the main factors in the widespread practice of child marriage in Brebes. Lebe, a local
marriage officiant, is referred to as a spiritual teacher by the community. The
sacredness of religion is apparent in the lebe’s explanation, which prefers classical
fiqh provisions as a basis over provisions in positive law. Local religious leaders use
the argument of benefit to legalize the practice of child marriage because it is
considered a solution.8 The exoteric dimension of religion (Islamic law), sacred by
4 The Report from the Agency for Women’s Empowerment, Child Protection and Family
Planning (BP3AKB) of Central Java Province of 2018: 14.
5 Distribution of child marriage throughout Brebes Regency: 48.02% in Kersana, 42.09%
in Ketanggungan, 45.72% in Larangan, 52.50% in Losari, 48.50% in Salem, 54.9% in Bantar
Kawung, and 55.67% in Bantarkawung. The data confirms that Brebes ranks first in Central Java as
the district with the most child marriage perpetrators, where the main causes include the high
number of underdeveloped villages and the large percentage of child marriage offenders living in
mountainous areas which are characterized by poor carrying capacity, quality of human resources,
labour productivity, minimalistic infrastructures, substandard access to health and education
services, and high poverty rate. The Report from the Agency for Women’s Empowerment, Child
Protection and Family Planning (BP3AKB) of Central java Province of 2018, 17.
6 Agustian Aditya Pratama, “Brebes, Rendahnya Kesadaran Akan Pendidikan, Tingginya
Kemiskinan dan Tren Pernikahan Dini,” Kompasiana, September 28, 2020.
7 Mubasyaroh, “Analisis Faktor Penyebab Pernikahan Dini dan Dampaknya bagi Pelakunya,”
YUDISIA: Jurnal Pemikiran dan Penelitian Sosial Keagamaan 7, no. 2 (2016), 12.
8 In fiqh, a child may be married on the condition that he has reached puberty (until the age
of a person is burdened with syara’ law) or called taklīf, where a person is considered legally
capable to carry out the obligations stipulated in religion as a sign of the end of childhood. In lebe’s

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the community and religious leaders, is the main factor contributing to the practice
of child marriage in Brebes. Therefore, the author perceived the importance of
studying the role of lebe in perpetuating the practice of child marriage.
Indeed, studies on child marriage and the role of the lebe are not precisely an
emergent agenda. Several scholars have reviewed the discourse. Muhammad Latif
Fauzi, in his dissertation, discussed how local officials such as officiants (street-level
bureaucrats) deal with the tensions between Muslim marriage regulation and often
discordant social practices. Latif argued that there is a complicated relationship
between religion and state norms in the practice of marriage in Pasuruan, East Java.
He also explained the role played by intermediaries in the practice of unregistered
marriage in East Java.
Furthermore, Supardi and Siti Suriyati discussed the role of judges in dealing
with the high number of applications for marriage dispensation during the Covid-19
pandemic. Supardi found that this high number of requests for dispensation was
triggered by the minimum age for marriage and the Kudus community’s
understanding of the virtue of capacity, not the maturity of age, in determining
maturity.9 Ani Ismawayati and Inna Fauziatal Ngazizah complemented the two
previous studies. They discussed child marriage using the practice of tuku umur (buy
age) as an effort to force child marriages in Central Java. Although this action has
criminal implications, the practice of tuku umur is still widespread, mediated by
village officials and some of their apparatus, where they add the age of the
prospective bride and groom whose actual age does not meet the minimum age for
marriage.10
Unlike previous studies, the author focused on the role of lebe by linking the
influence of culture and the sacredness of fiqh, which causes child marriage in the
Brebes Regency. The author highlighted the role of lebe and their considerations in
perspective, one of the supporting reasons why they are allowing underage couples is the views of
classical fiqh scholars who formulate the age of puberty as 15-years-old and wet dreams for men
(ihtilām) and menstruation for women. Lebe Desa Salem, Interview, April 2018.
9 Supriyadi and Siti Suriyati, “Judges’ Legal Culture in Dealing with High Number of
Applications for Child Marriage Dispensation during Covid-19 Pandemic at the Kudus Religious
Court,” AL-IHKAM: Jurnal Hukum & Pranata Sosial 17, no. 1 (June 30, 2022): 273–98.
10 Any Ismawayati and Inna Fauziatal Ngazizah, “Criminal Acts in Completing Early
Marriage Requirements: Tuku Umur Practices in Islamic Communities in Central Java, Indonesia,”
Samarah: Jurnal Hukum Keluarga dan Hukum Islam 6, no. 1 (June 27, 2022): 449–67.

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dealing with the community’s high demand for child marriage. Therefore, this article
used qualitative methods with a socio-legal approach. The author used an
anthropological approach to look at Sundanese cultural practices and child marriage
practices in Brebes; gender analysis to portray the inequality of relations between
men and women involved in child marriage, and legal doctrine jurisprudence to
understand the sacredness of fiqh spreading among people.
B. Penetration of Law in Indonesia: Between Fiqh and Positive Law
Islamic law has become part of the national law in Indonesia. It is evidenced
by the enactment of Law No. 1 of 1974 concerning Marriage (Marriage Law). For
Muslims, the law of marriage cannot be separated from fiqh, which is the chief
source material in its construction. This submission to fiqh is evident in the
definition of marriage. Article 2, paragraph (1) of the Marriage Law defines marriage
as valid if it is carried out according to the rules in their respective religions; thus,
Muslims will refer to the legal products compiled by the fiqh scholars as the
foundation of marriage law in the Islamic world.
The debate about child marriage cannot be separated from the discussion of
fiqh and legislation in Indonesia. The age of marriage in the context of fiqh is very
diverse, and the debate stems from the provisions on the age limit for marriage. Fiqh
scholars maintain a strong argument on marriage age. Syafī’īyah scholars allow the
marriage of little girls as long as it is devoid of any potential danger. 11 In
interpretation, the scholars also provide various definitions of baligh (the age of
understanding). Al-Marāghi, for example, explores the meaning of ‘rusyd’ by looking
at the expertise in managing wealth. For readiness to marry, biological signs are
sufficient to be a condition for bulūgh-al-nikāḥ. It does not stop there; one has to be
an adult because minor children cannot be burdened with the law (taklīf). AlMarāghi was inspired by the use of the meaning of bulūgh-al-nikāḥ from Surah alNisā’ verse 6. In an almost similar tone to Al-Marāghi, Rasyīd Ridhā makes physical
signs a condition for a person to carry out reproductive activities ranging from

11 In Wahbah al-Zuhaily’s explanation, child marriage is allowed on the condition that it
brings benefits and is away from harm. Wahbah Az-Zuhaili, Al-Fiqh al-Islamī wa Adillatuh, (Beirut:
Dar al-Fikr: t.tp.) IX: 174.

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marriage, pregnancy, and childbirth to breastfeeding. Therefore, a person who has
had nocturnal emission or is menstruated has assumed legal consequences for
practicing Islamic law. Therefore, the word “rusydun” is in sync with ma’rūf (good),
which means appropriateness. That is, it is appropriate to carry out legal actions.
Slightly different from Al-Marāghi, Imām Nawāwī prioritizes rusydun as a principle
to determine one’s maturity.12
Rumah Kitab, founded by Lies Marcoes, also interpreted Surah Al-Thalāq
verse 4 as the basis for allowing child marriage. 13 The causes of revelation (asbāb alnuzūl) for this verse were motivated by Khallad ibn Amr ibn Jamuh who asked the
Prophet a question about the waiting period (‘iddah) for women who have never
menstruated. Then this verse came down, which describes the period of ‘iddah for
women who have never experienced menstruation, which is the same as the period
of ‘iddah for women who no longer menstruate (menopause). In practice, this verse
is often used as the basis for the legality of the practice of child marriage. 14 In reality,
if understood in depth, this verse does not discuss child marriage at all. The verse
explains the limits of maturity that not take into account biological factors but also
psychological factors. This verse is in line with the explanation of Surah Al-Nisā’
verse 6, which is the basis for the limit of maturity for women who can be given
responsibility for maintaining their property.
Meanwhile, as an argument to control the practice of child marriage, the
purpose of marriage is explained in Surah Ar-Rūm, verse 21.15 Based on this verse,
marriage has the primary purpose, namely maintaining peace, love, and affection.
With this affirmation, the purpose of marriage will not be achieved if the bride and
12 Muhammad Nawawi, Al-Tafsīr al-Munīr, (Mesir: Maktabah Isa al-Halabi, 1314 H), 1: 140.

Jamaluddin Mohammad et al, Panduan Upaya Memenuhi Kebutuhan Argumentasi
Keagamaan dalam Perlindungan Hak Anak Perempuan dari Perkawinan Usia Anak-Anak (Jakarta:
Rumah Kitab dan FourFoundation, 2016): 37.
14 The verse which means “women who do not menstruate” is interpreted as women who
have not menstruated. Mohammad., 21.
15 In interpreting this verse, it should be noted that it is important to look at the grammatical
structure of the language. The form of the sentence in this verse is a news sentence and is not in any
way a command sentence. Therefore, it can be concluded that this verse is simply a reporting of an
event that had occurred in the past. The news contained in it is the limit of the ‘iddah period for
someone who has not menstruated and has gone through menopause. It can be concluded that the
text of this Qur’anic verse is taken solely on the basis of ijtihād itself and does not come from a literal
text. Because, it can be ascertained that in this verse does not contain any news or orders regarding
child marriage. Ibid., 22.
13

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groom are still in their childhood. This verse contradicts the hadīth argument (as the
second basis), which states that Aisyah married the Prophet at six and only had
intercourse when she was nine years old.16 This hadīth is difficult to refute because
it is generally believed by Muslims, without reading the text in depth with unilateral
conclusions.17
This difference of opinion shows that the hadīth on which this reference is
based is still not agreed upon. Other hadīth narrations can refute the marriage of the
Prophet with Aisyah. For instance, the marriage of the Prophet is compared to his
behavior of rejecting the proposal of two caliphs before Ali bin Abi Talib, Umar bin
Khattab, and Uthman bin Affan. At the time, the Prophet said, “Later, she is still a
kid.”18 Choosing between these two hadīths can be considered from the most
reasonable basis. At the time of marriage, Aisyah already has social, spiritual, and
mental intelligence at nine years old.
Hadīths about the marriage of Aisyah with the Prophet in the debate among
ulama carry ikhtilāf (differences of opinion), including narration and content of
hadīth to the context of marriage history. The first hadīth regarding the explanation
of the age of marriage is narrated by Al-Bukhārī, which states that Ayesha married
the Prophet when she was six years old, then lived together when she was nine years
old. The second hadīth narrated by Imām Muslim shows that the marriage between
Aisyah and the Prophet happened when she was seven years old. They lived
together when she was nine years old. Hadīth, from another narration, mentions
that when the Prophet proposed to Aisyah, He considered Aisyah’s readiness, and
Aisyah was considered capable of continuing Khadijah’s plight to accompany the

Mohammad, Panduan Upaya Memenuhi Kebutuhan Argumentasi Keagamaan dalam
Perlindungan Hak Anak Perempuan dari Perkawinan Usia Anak-Anak, 26.
17 The debate about Aisyah’s marriage to the Prophet gave rise to many opinions. Some say
that the age of nine-years-old is the limit of adulthood and has the right to bear the predicate of
mukallaf at that age. Ibn Hazm clarifies this argument by mentioning that menstruation is one of the
signs that a person can get married, because at that time women are considered baligh and for men
it was permissible to marry at the age of 25, emulating what the Prophet did. Not stopping at the
debate, Ibn Syubrumah in responding to the issue of the age of marriage is very progressive, because
it states that child marriage triggers complex madharat so that it is judged unlawful, while the
Prophet’s marriage is a special case and privilege. Ibid., 27.
18 Ibid., 28.
16

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Prophet in reviving Islamic values. In addition, Aisyah had also become a source of
reference for opinions on religious issues, so she was no longer classified as a child.19
The discussion about the age of marriage in Islamic law does not stop there.
In fact, many contemporary scholars reject the narration of the hadīth that mentions
Ayesha’s marriage to the Prophet at nine. Shaykh Mahmud ‘Asyúr, an Al-Azhar cleric,
emphasized that in Islam, there is no term for zawāj al-qaṣirāt (child marriage).
According to him, it is difficult to make the marriage equivalent to the Prophet’s
practice today. According to him, Aisyah was married to Rasulullah when she was
19 years old, through an intertext approach with a historical analysis approach.
‘Asyúr explained that in Egypt, there was already a rule for the minimum age for
marriage, which is 18 years old. In fact, according to him, child marriage is equal to
reviving the Jahiliyah civilization.20
The third argument related to child marriage is based on the fiqh and fatwas
of scholars. The fiqh argument results from the ulama’s thinking based on the
reading of the Qur’an and hadīth using specific methods, one of which is ijmā‘. In
historical records, there is an agreement regarding the permissibility of the practice
of child marriage. The scholars who are members of the ijmā‘ include Imām Ahmad
ibn Hambal, Muhammad Ibn Nashr al-Marwazi, Ibn al-Mundzir, Ibn Abdil Barr, alBaji, Ibn Al-Arabī, Al-Nawāwī, and Ibn Hajar. Meanwhile, there are also scholars with
different opinions, namely Shaykh Syariīf Hatim al-Auni. He argued that the ijmā‘
(consensus) was refuted by ikhtilāf at that time. In fact, some scholars then released
a fatwa that forbids the practice of child marriage. Among others are Imām Abdullah
ibn Syubramah and Imām Utsmān ibn Muslim al-Batti.21 Ibn Shubramah expressed
that a father should not marry off his little daughter until she is an adult and has his
permission. According to him, Aisyah is an exception for the Prophet. A similar
exception also applies to the number of wives of the Prophet, which exceeds four.

19 Jabir

Abdel Hadi Salim al-Syafi’, Taqnīn al-Fiqh al-Islamī bayna al-Mu’tamirāt wa alTasyrī’at (Beirut: Dar al-Fikr, 2000): 32.
20 Mukti Ali et al, Fikih Kawin Anak, Membaca Ulang Teks Keagamaan Perkawinan Usia AnakAnak (Jakarta: Rumah Kitab, 2016): 24.
21 Mohammad, Panduan Upaya Memenuhi Kebutuhan Argumentasi Keagamaan dalam
Perlindungan Hak Anak Perempuan dari Perkawinan Usia Anak-Anak, 37.

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Ibn Shubrumah added that ijmā‘ should not be attached to something ikhtilāf in his
time.
Regarding the contra opinion about child marriage, Sheikh Ali Jum’ah, an
Egyptian National Mufti, in one fatwa, emphasized that marrying an underage girl is
a crime. He asserted that marrying underage girls is a form of sexual exploitation of
children everywhere, and anyone involved must be severely punished. A similar
opinion was issued by Muhammad Farid, one member of the Al-Azhar Fatwa Lajnah.
He stated about the prohibition of women being married at a young age even though
they have reached the age of puberty (15 years old) or experience signs as criteria
for puberty, which are generally women because, at that age, women are still under
the care of their parents because they are not yet quite adults. 22
Meanwhile, Article 45 of the Criminal Code on the criminal prosecution of
minors mentions that the minimum age for a person to be considered an adult is 16
years old. Law No. 16 of 2019, as an amendment to Article 7 paragraph (1) of the
Marriage Law, states that marriage is only allowed for men and women at least 19
years old. Article 330, paragraph 1 of the Civil Code explicitly states that the adult
age is at least 21 years old. In line with the Marriage Law, the Compilation of Islamic
Law (KHI) states that the minimum age for marriage is 19 years old.23
C. Child Marriage Practices in Brebes: Failure to Maintain Generic Culture
Geographically, Brebes is located in the province of Central Java, Indonesia,
and part of the range of the northern coast. The people of Central Java are thick with
the traditions of the palace and the coast. Their polite vernacular reflects the
tradition of the Kraton Solo. The people of Brebes have a distinctive tradition of the
Javanese Ngapak language, as do people in the Districts of Kebumen, Banyumas,
Cilacap, and Banjar Negara.24 Despite this Javanese Ngapak tradition, the people of
Salem and Banjarharjo, two sub-districts in Brebes, culturally use the Sundanese
Tradition in their daily life, both in speech and culture.

22 Ibid., 38.
23 “Marriage Law Number 16 of 2019”. “Presidential Instruction Number 1 of 1991 on the
Compilation of Islamic Law”, 27.
24 Lisa Dwi Wulandari, Tipologi Laskap Pesisir Nusantara (Malang: UB Press, 2017): 10.

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According to one of the religious figures in Salem Village, the Sundanese
cultural infiltration of Java was because most local religious leaders studied in West
Java. They studied with several ustadz (teachers) in Islamic boarding schools in
West Java and spread da’wah in their area using the Sundanese language. The
fanaticism of the predecessors in the Salem and Banjarharjo regions towards the
Sundanese tradition can also be proven by their frequent invitations to preachers
from West Java because of the proximity of the region, which only takes three hours
from Salem to West Java, and fanatical attitude towards the traditions upheld by the
Sundanese, such as sawer, belief in the count of auspicious days and dates.25
Child marriage becomes a very complex issue when law and social values
collide. In the legal realm, child marriage is forbidden because, practically, it will
result in a systemic negative impact associated with many dangerous problems,
such as reproductive system disorders, mental health disorders, and the most
detrimental to the stability of the nation, the lack of human resources because of
child marriage perpetrators dropping out of school. Meanwhile, morally, child
marriage creates gender inequality due to the devaluation of the position of women
after marriage, they find it difficult to resist the will of their parents who force them
to marry older men, and underage women who marry will always live in the power
of their husbands, even the husband’s family.26
Child marriage, by several scholars, is also considered a solution to reduce
the family’s economic burden.27 This economic factor is generally caused by
matchmaking between families or the absence of funds, causing a person to drop out
of school.28 On the one hand, child marriage also occurs because of cultural
pressure.29 The perpetrators of child marriage are morally glorified because they

25 The tradition of believing in auspicious days is deeply rooted and thrives in Salem.

According to the lebe’s explanation, people always question the number of days in every social ritual,
such as building a house, starting farming, and getting married. Lebe Desa Salem, Interview. Activist
from Desa Salem, Interview, July 15, 2018.
26 Rina Hardianti & Nunung Nurwati, “Faktor Penyebab Terjadinya Pernikahan Dini pada
Perempuan,” Focus: Jurnal Pekerjaan Sosial 3, no. 2 (2020): 111–20.
27 Lies Marcoes & Fadilla Dwianti Putri, Yatim Piatu Sosial di Negeri Seribu Masjid (Jakarta:
Rumah Kitab, 2016).
28 Djamilah & Reni Kartikawati, “Dampak Perkawinan Anak di Indonesia,” Jurnal Studi
Pemuda 3, no. 1 (2014): 11.
29 Syamsul Arifin, Merambah Jalan Baru dalam Beragama Rekonstruksi Kearifan Perenial
Agama dalam Masyarakat Madani dan Pluralitas Bangsa (Jogjakarta: Ittaqa Press, 2001): 45.

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are devoted to their parents, but on the other hand, this practice of child marriage is
also a means to perpetuate the patriarchal system; 30 thus, this problem involving
the debate between law and morality has led to the perpetuation of the practice of
child marriage, harm or danger are disguised with the postulate of the text as if it is
a benefit. 31
The effect of the collision between law 32 and morality in cases of child
marriage also spread to the world of education. Parents and children with low levels
of education cause the practice of marriage to continue because they cannot
understand the harmful effects of child marriage, including the prohibition of child
marriage in the law.33 This educational factor is not only poor at the formal school
level but also lacks children’s and parents’ understanding of the risks of
reproductive organs in sexual behavior at an early age. In fact, reproductive health
knowledge helps a person avoid risky sexual behavior.34 Culture in social life
becomes crucial to develop regional resources. Culture is a significant capital to
use.35 Classification of generic and differential cultures36 is one effort of
anthropologists to determine the purity of culture in an area. 37

30 La Ode Muharam & Rudin Abas Nurwia, “Faktor-Faktor Penyebab Terjadinya Pernikahan

Usia Dini Siswa,” Jurnal Bening 4, no. 1 (2020): 1–8.
31 The debate between law and morality is also facilitated by several things. First, there is the
desire of parents for immediate additional family members. Second, there is no understanding of the
bad consequences of early marriage, both for the bride and groom themselves and their descendants.
Third, consistent predisposition that refuses to deviate from the provisions. Rihardi Satrio Ageng,
“Perlindungan Hukum terhadap Hak-Hak Anak Perempuan sebagai Korban Eksploitasi Seksual,”
Jurnal Literasi Hukum 2, no. 1 (2018): 61–72.
32 The government has ratified The Convention on the Elimination of all Forms of
Discrimination Against Women (CEDAW) since 1984 with a Presidential Decree in 2000 which
explicitly condemns gender discrimination. This effort is also included in the government’s program
to minimize child marriage, although Indonesia still managed to rank 103 out of 152 countries in the
gender development category. Badan Pusat Statistik, Kemajuan yang Tertunda: Analisis Data
Perkawinan Usia Anak di Indonesia (Jakarta: BPS, 2016): 17.
33 Beteq Sardi, “Faktor-Faktor Pendorong Pernikahan Dini dan Dampaknya di Desa Mahak
Baru Kecamatan Sungai Boh Kabupaten Malinau,” E-Journal Sosiatri-Sosiologi 4, no. 3 (2016): 198.
34 Djamilah & Reni Kartikawati, “Dampak Perkawinan Anak di Indonesia.”, 9.
35 Azhar Basyir, Keluarga Sakinah Keluarga Surgawi (Yogyakarta: Titian Ilahi Press, 1999):
47.
36 F Von Beckmen Benda, Dari Hukum Manusia Primitif sampai ke Penelaahan Sosio-Hukum
Masyarakat-Masyarakat Kompleks, in TO Ihromi (Ed.), Antropologi Hukum, Sebuah Bunga Rampai
(Yogyakarta: Yayasan Obor Indonesia, 2001): 52.
37 Peter L. Berger, Langist Suci Agama sebagai Realitas Sosial, Hartono (Terj.) (Jakarta: LP3ES,
1994): 20.

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D. The Role of Lebe in Perpetuating Child Marriage
Lebe is a term in Malay used as an honorary predicate for someone with a
broad understanding of religion.38 Lebe in Javanese is known as modin or na’ib.39 In
this paper, the lebe in question is the marriage lebe, who also acts as a Kyai or Ulama.
Lebe is also a title given to someone with religious knowledge and considered sacred
by society.40 Territorially, Brebes is part of Central Java Province. However, in some
areas in the northern plains of Brebes, practices of Sundanese culture are known as
Sunda-Brebes. The local community’s language, customs, and mannerisms are
dissimilar to the people of Central Java. They speak Javanese, including the local
culture of their community.41
Lebe plays a significant role in a marriage. Apart from being trusted by the
state to legalize marriages in the administration of marriage contracts, they act as
trusted religious figures and, at the same time, become references in rural areas.42
As an official responsible for marriage, lebe should carry out the mandate of the law
to socialize the age of marriage at a predetermined number, provide education and
provide a support system to the community in the form of religious insight or the
impact of underage marriage. Lebe, as a governing elite, also controls all village lines
because of their duty to direct the community to the applicable rules. Weak
leadership is prone to invading other cultures that arise from the community due to
the weak power of the government, which opens up great opportunities for foreign
cultural battles.
Although the regulation regarding the age limit for marriage and adult age
has been explained in the law, parties still have not supported the regulation in it.
38 Departemen Pendidikan Nasional, Kamus Besar Bahasa Indonesia (Jakarta: Balai Pustaka,

2001): 12.
39 Lebe comes from the Malay language, namely lebai, a term for religious scholars or

intellectuals (ulama). In the sultanate tradition, lebe has an institution called “kelebean” and joined in
the Council or Syara’ Law Council or an assembly dealing with religious matters and led by a ruma
kali or qadhi. In addition to being a central figure in sharia affairs, lebe also has an important role in
strengthening the Islamic faith. Amin, Islam dan Kebudayaan Jawa (Yogyakarta: Gama Media, 2002):
45.
40 The people of Brebes speak in a distinctive accent, but in some parts of the sub-district
there are groups of people who use Sundanese language and culture at the same time, including:
Salem, Banjarharjo, Bantarkawung, Losari, Kersana, Larangan, Ketanggungan. Badan Pusat Statistik
Kabupaten Brebes, Kabupaten Brebes dalam Angka 2021 (Brebes: Badan Pusat Statistik, 2021): 15.
41 Ibid., 16.
42 Amin, Islam dan Kebudayaan Jawa, 13.

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The lebe of Banjarharjo Brebes mentioned the lack of courage to prevent child
marriage in their village. This lack of courage is based on the belief that the age of
marriage is relative and marriage is about readiness, and the readiness of each
individual is different. The lebe informed that after the landslide disaster occurred
in the liu’ Brebes hill, many people were traumatized that they did not think about
the educational needs of their children and instead took the initiative to marry off
their children because of an urgent situation immediately; parents need material
help for their daily life. 43 The perpetrators of child marriage had informed that lebe
never strictly forbidden, coupled with the incompetence of village staff in directing
community attitudes, causing child marriage to be viewed as following the norm.
Lebe’s traditional attitude also strengthens the implementation of child marriage
with a form of sacredness to the teachings of Islamic law.44
In Terry Eagleton’s term, this culture war is said to result from a history in
which the government distinguished the treatment of elite and grassroots groups45
between the white and black groups. Intercultural culture wars occur to take
influence.46 In the case of child marriage in Brebes, the researcher gives an analogy
according to Eagleton’s theory of cultural battles between populist groups in Brebes,
represented by the community, and elitist groups represented by religious leaders
43 The lebe’s concern was confirmed by one of the employees at the Banjarharjo Religious

Affairs Office (KUA). He explained that in general the community had considered all the consequences
of having child marriages, so that village officials were powerless to talk people who had bent on
marrying off their children out of it. Employees at the Office of Religious Affairs Banjarharjo,
Interview, July 16, 2018.
44 According to the explanation of the perpetrators of child marriage in Salem and
Banjarharjo, the implementation of marriage is very easy. The only requirement is to ensure that they
are in good health and that there is no fetus in the womb. The government does not dare to make
changes frontally. Regarding the hereditary culture in Brebes, the great influence of Sundanese
culture is also a big problem by its own. In West Java, the largest population of child marriage actors
is the Indramayu area, even reaching 60% from the data of the BPK3 of Indramayu Regency.
However, in several places where there are indications of many perpetrators of child marriage,
coastal Sunda, there is a tug-of-war between Sundanese and Javanese culture that affects the people
of West Brebes. The village head of Parareja emphasized that there is a cultural war between
Sundanese and Javanese in the Brebes community. Some traditions in Brebes adopt Sundanese, but
some traditions are oriented to Javanese traditions, so that cases of child marriage cannot be claimed
as purely Sundanese customs. Head of Parareja Village, Interview, April 2018.
45 Terry Eagelton, The Idea of Culture (Manipulasi-Manipulasi Budaya), Ali Noer Zaman (Terj.)
(Yogyakarta: Nusantara Press, 2016): 12.
46 Irwan Abdullah, Konstruksi dan Reproduksi Kebudayaan (Yogyakarta: Pustaka Pelajar,
2009): 30.

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and the village or sub-district government.47 According to one of the Salem Religious
Affairs Office employees, the rampant child marriage in Brebes is not only the
demand of the community but also facilitated by the inability of village officials in
technology. Lebe H, for example, was unable to operate the technology, unknowingly
letting marriage data manipulation occur under his nose. 48
In addition to culture wars, the community positioning women, especially
daughters, as a party that must be protected/object is also deeply rooted. They are
called objects because at the social level. They are considered a party in a position
always to be protected, not protected, especially at a young age. Girls need more
attention and support materially and in terms of attitude and personality. 49 Based
on statements from several sources in the field, men prefer underage girls/children
over older women because girls are easy to direct, need more protection, and cannot
put up a frontal fight.50
Here, the lebe explained that low education levels and lack of knowledge
influence how the community views marriage age. Personally, the lebe believes that
education in life plays an important role not only to enrich insight but also as an
element of maturity in deciding, different from what is commonly believed by some
people in Salem and Banjarharjo who consider higher education for women not so

47 In seeing this fact, gender, as a socio-economic and political variable, is suitable to be used

as a role analysis instrument. Both men and women, in relation to domestic life, are entitled to
protection and attention. Women, like men, in domestic life are also full subjects who have an equal
role to jointly realize a happy family. The division of gender in the system of life on the one hand can
lead to a dichotomy of work areas for men and women, so that it has an impact on discrimination in
one of them. Women are protected and men provide protection, and in this area, men have a wider
reach than women, because women are constructed in domestic work, are very limited and are only
seen as needing protection, not the protector. Nur Rofiah, Nalar Kritis Muslimah (Refleksi atas
Keperempuanan, Kemanusiaan, dan Keislaman (Yogyakarta: Afkaruna, 2020): 35. See also: Lumban
Arofah et al, Laporan Penelitian Wacana Kesetaraan Gender di Kalangan Mahasiswa Fakultas
Keguruan dan Ilmu Pendidikan Universitas Lambung Mangkurat (Banjarmasin: Banjar Press, 2013):
6.
48 Employees at the Office of Religious Affairs Banjarharjo, Interview.
49 P, Interview with a 14-year-old girl married to W, a 34-year-old widower, July 13, 2018. A,
Interview with a 12-year-old girl who is married to a 25-year-old man., July 13, 2018.
50 In his previous marriage, W admitted that he had divorced his wife (a 25-year-old woman)
because his wife had previously been quite resistant and was too dominant in managing the
household. Thus, W decided to marry P who at the time was 14-years-old and was still in the 3rd
grade of junior high school. W, Interview with a widower who married a 12-year-old daughter, July
13, 2018.

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relevant, because it actually may lead to the efforts of resistance by women against
men.51
The jargon also supports child marriage in Brebes that getting married early
is an achievement. Early marriage is believed to be an effort that can invite a better
future. The term enteng jodoh (mate easily) in marriage shows that the local
community interprets early marriage as a solution. Marriage, which is normatively
understood as an effort to build strong bonds in the context of the Salem community,
is interpreted differently. Marriage is carried out by children who are not wellequipped emotionally to establish and even strengthen relationships. Based on
information from the lebe in Salem Village, many people are forced to get married at
an early age because, with early marriage, the material can be obtained as early as
possible. In fact, parents have reduced responsibility. After marriage, numerous
men choose to migrate outside Java to support their families, no matter the risk. On
that basis, lebe H acknowledged the difficulty of refusing residents’ requests for
early marriage. 52
The term ‘marrying late’ in social theories was introduced by Bogue, who
classified marriage age into four. First, the marriage of children aged 18 years old
and under. Second, marrying young, namely at 18 to 19 years old. Third, marriage
at the age of adults, namely at 20 to 21 years old. Fourth, marrying late, namely at
22 years old and over.53 The influence of this belief has practically resulted in a
narrowing of the public’s perspective so that many people are not confident if their
children are married at over 22 years old. Women’s independence from this
perspective is seriously threatened. Ironically, marrying children off at an early age
is considered not only an achievement for parents or children but also a positive
value for lebe or village officials because they are considered to help prevent

51 To respond to the ideal value in the family, Ifan Nye elaborated his theory with the term

negotiated role, where the most dominant role in the family is negotiation. Husband and wife can
agree on the main tasks that must be undertaken to support negotiations. Knowledge is needed to be
wise in making every decision in the household. Therefore, education is a tool to support
communication in relationships and realizing a sakinah family. Hasan Bustomi, “Pernikahan Dini dan
Dampaknya (Tinjauan Batas Umur Perkawinan Menurut Hukum Islam dan Hukum Perkawinan
Indonesia,” Jurnal Yudisia 7, no. 2 (2016): 51.
52 Lebe Desa Salem, Interview.
53 Donald J Bogue, Principles of Demography, in Wirosuhardjo, Dasa-Dasar Demography
(Jakarta: Lembaga Demografi FEUI, 2004): 34.

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children from promiscuity. In fact, lebe’s willingness to officiate their children’s early
marriage is considered by some people as worship because the lebe concerned is
considered to have saved their religion (hifd al-dīn).
E. Conclusion
The deeply rooted practice of child marriage in Brebes is inseparable from
the role of the lebe. As a bureaucrat at the village level, lebe is powerless to prohibit
child marriage because such culture has been deeply rooted in Brebes. They do not
provide knowledge regarding the negative impact of child marriage. Interestingly,
lebe provides solutions to the perpetrators of child marriage, both in administrative
matters and in the procession of marriage. In contrast to the lebe duties in general,
lebe in Salem and Banjarharjo refer to classical fiqh and regard it as a righteous
practice to follow.
The author finds four factors contributing to the rampant child marriage in
Brebes, supported by the culture and the role of local lebe. First, people view
marriage age as relative. The pinnacle of the sacredness of marriage lies not in the
age of marriage but the bride’s readiness and groom, regardless of age and level of
education. Second, the assumption is that women need protection, are powerless in
the household, and need male assistance. Therefore, an understanding grows in the
community that the sooner a person gets married, the sooner they obtain physical
and economic protection. Third, the failure of the Brebes people to form a generic
culture is evidenced by the strengthening of Sundanese culture than Javanese
culture. Child marriage is seen as a stepping stone to a better life. There is an
assumption that early marriage is a social achievement based on the jargon “enteng
jodoh (easy marriage), enteng rezeki (easy sustenance).” Fourth, the cultural war
between populists and elitists and distrust in higher education is another factor that
perpetuates the practice of child marriage in Brebes.

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