Include child marriages under Sexual Offences Act

new government should address child marriages in the country under the Sexual Offences Against Children Act 2017 (Act 792).

This is following a video, which has gone viral, showing the marriage of an 11-year-old girl as the third wife to a 41-year-old man.

Many social groups and concerned citizens have called on the authorities to investigate this.

Underage marriages are not new in Malaysia. Concrete action must be taken by the government to end such marriages for the safety of our children.

Act 792, gazetted in July last year, is adequately equipped with many procedures to combat crimes against children.

By including underage marriages, it can ensure immediate action against the culprit.

Act 792 was an initiative of the Barisan Nasional government to protect underage children in the country from harm, especially from sexual crimes. It has introduced new offences against children, namely, child grooming and child pornography.

However, the act did not touch on child marriages.

Under laws for Muslims, the marriageable age for women is lower than men. Section 8 of the Malaysian Islamic Family Law (Federal Territories) Act 1984 (Act 303) clearly states that the minimum legal age for Muslim boys to marry is 18 years old, while it’s 16 for a Muslim girl.

Younger couples are allowed to marry with written permission from the Syariah Court, after both sets of parents have put in an application to formalise their nuptials. Without permission from the Syariah Court, the couple has committed an offence and shall be punished with a fine not exceeding RM1,000 or jail not exceeding six months or both.

For non-Muslims, the legal age of marriage is 18. Non–Muslim girls are permitted to marry between the ages of 16 and 18 with the consent of the chief minister.

This is clearly stipulated under Section 10 of the Law Reform (Marriage and Divorce) Act 1976 (Act 164). Though the law on this issue seems clear, it can be abused if no proper action is taken.

An underage marriage has lasting consequences, especially for the victim. Women married in their teens or earlier struggle with the health effects of getting pregnant very young. The welfare of the newborn is also uncertain.

Underage marriages could lead to domestic violence, child sexual abuse and even marital rape if no concrete steps are taken.

The government should consider this proposal, meet agencies on the issue and find ways to protect the interest and safety of our children.

Senior Lecturer, Faculty of Syariah & Law, Universiti Sains Islam Malaysia