‘HAVE S.O.P FOR UNDERAGE MARRIAGES’
There is a need for transparency, standardisation, say experts
THERE is a need to establish a standard operating procedure (SOP) to determine the eligibility of underage marriage applicants.
Universiti Kebangsaan Malaysia (UKM) senior lecturer Dr Mohd Al-Adib Samuri said a survey on child marriage in Malaysia, conducted in several states, had found that the process of approving such marriages was not standardised, resulting in the lack of transparency in determining applicants’ eligibility.
The survey was carried out by Al-Adib, together with UKM’s Women, Family and Child Law lecturer Professor Datuk Noor Aziz Awal, for the United Nations Children’s Fund (Unicef Malaysia).
Al-Adib said there were children who were allowed to get married based on the discretion of the syariah court judge, while others involved interviews conducted on brides-to-be and their parents.
He said there were instances where the boy was not required to be present during the application process.
“Applications for underage marriage should be approached in a holistic manner (and) involve reports from the Welfare Department.
“Other aspects, like health checks by medical officers and reports by the police, are needed to verify whether any criminal element is involved.
“The complete report would serve as a supporting document for judges to determine the eligibility of applicants,” he said yesterday in a discussion on Syariah Issues and Laws 2018, which touched on underage marriages from the perspective of Malaysian laws. It was organised by UKM’s Contemporary Fiqh and Syariah Compliance Centre.
The study, started 10 months ago, covered 2,143 syariah court files from 2011 to 2016 in seven states and interviews with 140 married children.
He said most of the marriage applications were made because the couples were sudah terlanjur (had sex out of wedlock).
“The children might have knowledge about sexual relationship without having a full understanding of the responsibilities that come with the marriage. This could cause them to face pressure in the future; that was our focus.”
The centre’s senior lecturer, Associate Professor Dr Zaini Nasohah, said child marriage was a global issue that transcended racial and religious boundaries.
He said the issue had been discussed for decades and highlighted by women’s associations.
“Getting married during the teenage years was not uncommon in the 1930s. However, in keeping with the times and due to external demands, the situation (in Malaysia) started to change and the law covering Muslim families was amended to the Islamic Family Law in 1983, modelled after Egyptian law.”
He said there was a need to review laws and that the child marriage issue must be addressed in a fair and holistic manner.