Child marriages in Bangsamoro towns due to certain cultural, economic contexts

Economic factors are also included. The study found that high poverty levels create pressure that drives families to marry off children early as a means to lessen financial burdens.

CAGAYAN DE ORO – A recent study highlighted that cultural and religious norms, including economic factors, are among the drivers that contribute to the prevalence of child, early, and forced marriages and unions (CEFMU), specifically in Julu town in Sulu and Bongao town in Tawi-Tawi.

Conducted by the United Nations Children’s Fund (UNICEF) Philippines in collaboration with ThinkPlace Philippines, the study found that engaging in early marriage to avoid haram (prohibited) acts, including premarital relationships and pregnancies, is a significant motivator because “families frequently view marriage as a way to uphold family honor and avert societal stigma.”

“Some elope, some get pregnant—but giving birth without a father is forbidden. The child is considered a bastard, harambiyara. In our Muslim community, it’s strictly not allowed,” a parent of an adolescent who engaged in CEFMU in Sulu province told the researchers.

The 2021 data of the Bangsamoro Women Commission (BWC) showed that around 88,600 girls had been married before turning 18 years old in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).

Marriage in the Bangsamoro region frequently falls under Presidential Decree No. 1083, or the Code of Muslim Personal Laws of the Philippines, which, according to UNICEF, creates a loophole with the country’s minimum age to contract marriage at 18.

Article 16 of the said presidential decree states that any Muslim male at least 15 years of age and Muslim female reaching the age of puberty may contract marriage, subject to essential requisites stated in Article 15. It added that upon petition of a proper wali (guardian), a Shari’a District Court may also order solemnization of the marriage of a female who is less than fifteen years of age—but not below 12 years old—but has attained puberty.

Ustadzah Anisa Arab, president of the Women Tarbiyyah Council of BWC, however, clarified during the virtual launch of this study on October 7 that forced marriage has never been a teaching of Islam. It has been a culture of the people, she said.

She explained there is no part in the Quran that says early marriage is prohibited. “But it is not said in the Quran that the child must be married. [He/She] can be married if that is the only answer to any problems. However, it is not necessary,” Arab added.

Meanwhile, the study discovered that gender roles in these areas are also entrenched, limiting girls’ autonomy and access to education. This results in the often prioritization of marriage over personal advancement because of typical gender stereotypes that women are expected to focus on housework and married life.

Economic factors are also included in the key drivers, as poverty, limited access to education, and a few livelihood options contribute to the prevalence of CEFMU. It found out that high poverty levels create pressure that drives families to marry off children early as a means to lessen financial burdens.

In 2023, BARMM ranked second from the highest poverty incidence among families out of 18 regions in the country with 23.5 percent, according to the data from the Philippine Statistics Authority (PSA). The region of Zamboanga Peninsula topped the ranking with 24.2 percent.

Children’s rights violated

Forcing children to get married early results in violations of their rights under the United Nations Convention on the Rights of the Child (UNCRC), said Rohannie Baraguir-Datumanong, child protection specialist of UNICEF Philippines Mindanao Field Office, during the virtual study launch.

Section 19 of the UNCRC states that children must be protected from all forms of violence, which includes harmful practices, according to Baraguir-Datumanong. Children also have the right to education under Section 28 of the said Convention.

“One of the key findings of the study is that there is a negative impact on their studies. Most of the adolescents who were engaged in CEMFU dropped out from schools. So, that’s another violation of the right to education,” said Baraguir-Datumanong in response to a query raised by Bulatlat.

“When you have a child, sir, your focus will be on your children, and you won’t have a chance to study,” a parent who previously engaged in CEFMU in Sulu province told the researchers.

A similar study conducted between 2020 and 2021 by Plan International and the Women’s Refugee Commission (WRC) discovered that displaced girls from conflict-affected areas in the BARMM were more vulnerable to child marriage, as displacement interrups education and livelihood opportunities.

What now?

Some of the recommendations furnished by the study are for the local government units and BARMM ministries to integrate CEFMU prevention into all sectoral plans and support localized enforcement of national laws on child marriage through culturally sensitive approaches.

Under Republic Act No. 111596, or the Act Prohibiting the Practice of Child Marriage, the National Commission of Muslim Filipinos (NCMF) is directed to deliver awareness campaigns about the impact of child marriage in Muslim communities.

Religious and community leaders were also urged to facilitate conversations that “unpack the moral, spiritual, and social dimensions of early marriage.”

This qualitative study published this month aims to investigate the multifaceted factors that contribute to CEMFU. The two key locations were chosen because of the diverse population in these areas. 

During the information gathering, Sulu province was still part of the Bangsamoro region. (DAA)

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