Women’s Right to Choose Spouses: a Socio-Legal Study in Rural Islamic Communities

Abstract

The research aims to understand how religious, cultural, and social norms intersect in shaping marital decisions affecting women in Tunggulsari Village, Tulungagung. In Islamic law, marriage is not only a religious institution but also a legally protected contract that demands mutual consent from both parties. However, in many Muslim communities, including in rural Indonesia, cultural practices often override women’s autonomy in choosing a marriage partner. This study investigates the gap between the Islamic legal right of women to select their spouse and the socio-cultural reality of forced or arranged marriages driven by parental authority. This study employs a socio-legal empirical approach, using qualitative fieldwork methods including in-depth interviews and participant observations. Primary data were collected from women in low-income households in Tunggulsari Village, who have experienced or are facing arranged or forced marriage. Findings reveal that women's freedom to choose a marriage partner is heavily influenced—and often restricted—by parental decisions, local customs, and socio-economic factors. Despite Islamic legal provisions affirming the necessity of female consent in marriage, many respondents reported familial pressure, threats of ostracism, and emotional coercion. In several cases, women were compelled to marry based on parental social or economic alliances. The study demonstrates a clear dissonance between Islamic law, which mandates consent, and the cultural application that often sidelines women’s agency. It underscores the urgent need for legal and educational reforms to reconcile religious norms with gender equality.