KEDAH’S ‘AMNESTY’ PLAN TO SAVE STATELESS KIDS
It is to protect the rights of children whose parents’ union is not registered
IT was a peaceful weekend and this friend of mine was spending quality family time at home. Suddenly, a woman appeared at his doorstep. It turned out that the woman, who came with her three children, is the wife of his close friend. Before he could invite them in, the woman started yelling at him for “collaborating” with her husband to marry another woman in southern Thailand.
My friend was caught off guard by the “attack” and had no chance to explain himself as the woman unabashedly berated him for betraying her.
According to my friend, his buddy had fallen in love with another woman and they decided to get married in southern Thailand as he was afraid to tell his first wife.
Worried that his buddy would get married through a bogus marriage syndicate in southern Thailand, my friend decided to take him to the right authority across the border where he became one of the witnesses for the solemnisation ceremony. That would explain how his buddy’s wife discovered he was one of the “conspirators”.
When Kedah Islamic Religious Affairs committee chairman Datuk Mohd Rawi Abd Hamid told the state legislative assembly last month that the state government was mooting an “amnesty” programme to facilitate the legalisation of marriages that were solemnised outside the country, he realised the brickbats he would be facing.
He’d be damned if he did, and damned if he did not. That’s the situation the Ayer Hangat assemblyman from Langkawi had put himself in.
True enough, PKR Wanita chief Zuraida Kamaruddin and Sisters in Islam wasted no time in hitting out at Rawi and the state government for what they described as a move that was “encouraging, to the extent of endorsing polygamous marriages (without the consent of the first, or senior wives)”.
“We can choose to ignore the plight of hundreds or even thousands of stateless children in the state and be a populist. But, as a responsible government, we cannot turn our back on these innocent children,” he said in an interview to explain the reason behind the proposed “amnesty” programme.
Rawi said he was moved to take the risk of being punished for the initiative after organising a gathering for couples who had problems registering their marriage that took place across the border some time back.
“The gathering was held at Padang Mat Sirat and I was caught by surprise when the hall was packed by about 400 couples with children, who were seeking help to resolve their problem.
“It is estimated that for every couple that come forward to register their marriage with the local religious authority, there are at least three other couples who have not done so.
“Just imagine, if each of these couple have at least three children, how many thousands of stateless children will there be in Kedah who are born to Malaysian couples?”
Citing an example, he said there was a case last year where a student who scored 5As in her Ujian Pencapaian Sekolah Rendah could not enrol in a secondary school as she did not have a birth certificate.
It was the state Education Department’s intervention and issuance of a temporary approval that gave her access to secondary education.
“We are talking about our future talents and our social fabric. These innocent children should not be made victims of their parents, who have failed to adhere to marriage procedures set by our authorities.”
Rawi stressed it was never the intention of the state government to encourage men from Kedah to enter into polygamous marriages by tying the knot across the border.
“Our focus is on couples who tied the knot before this year and those with children, particularly children who are of school-enrolment age.”
He said the proposed crossborder marriage “amensty” programme was for men from Kedah who were married to local or foreign women in southern Thailand.
According to Section 23 of the Kedah Islamic Family Enactment 2008, a man who wished to take a second or third or fourth wife must seek the approval from the Syariah Court where his financial and other capabilities are vetted, while the existing wife, or wives, would be duly notified.
Those who failed to obtain an approval, or tied the knot across the border could be fined up to RM1,000, or face a jail term not more than six months if found guilty.
“We are working with the state Women, Development, Agriculture and Agro-based Committee chairman Datuk Suraya Yaacob, the state Islamic Religious Department and Syariah Court to find solutions to expedite the process as there were cases where applications took years to be approved.
“If we do not act now, the number of stateless children will balloon in years to come and things will get even more complicated if couples get divorced, or if the husbands die.
“In such a scenario, the wives will not be entitled to any rights from the marriage.”
While some quarters are calling for justice for women, they might also want to consider looking into the rights of the innocent stateless children who deserve a just future, too.
Kedah’s “amensty” programme follows the “amnesty” programmes of Perlis and Selangor state governments.
Rawi stressed it was never the intention of the state government to encourage men from Kedah to enter into polygamous marriages by tying the knot across the border.