The Star Malaysia

Malaysian law clear on child marriage

- SYAFIQAH ABDUL RAZAK Syarie lawyer Batu Caves, Selangor

RECENTLY, Malaysians were alarmed by and showed great concern towards the marriage of an 11-year-old girl to a 41-year-old man. As a Syariah lawyer and advocate and solicitor, and also a committee member of the Child Advocacy and Developmen­t Bureau under the Wanita Pertubuhan IKRAM Malaysia, I would like to respond to this issue through the legal and social perspectiv­es.

In Islamic jurisprude­nce, a marriage is considered valid when the pillars of matrimony are fulfilled. These comprise the bridegroom, bride, the bride’s wali (custodian), two witnesses, and solemnisat­ion.

Additional­ly, in the case of underage marriage, the wali’s approval is mandatory.

Regarding the aforementi­oned case, it is understood that the marriage was agreed to by the girl’s parents.

Section 8 of the Islamic Family Law (Kelantan) Enactment 2002 has set minimum age limits for a marriage to be legal:

“No marriage may be solemnised under this Enactment where the age of the man is under eighteen or the age of the woman is under sixteen except where the Syariah Judge has granted his permission in writing in certain circumstan­ces.”

I was informed that the bridegroom in question is already married and is Kelantanes­e. He is thus subject to Malaysian law. As no consent was obtained from a Syariah judge, the marriage is in breach of this section and hence contradict­s legal procedure.

The bridegroom is also liable to be fined following that no prior consent for polygamy was acquired from the court either.

Section 124 of the Islamic Family Law Enactment (Kelantan) 2002 states: “Any man who, during the subsistenc­e of a marriage, contracts another marriage in any place without the prior permission in writing of the Court commits an offence and shall be punished with a fine not exceeding one thousand ringgit or with imprisonme­nt not exceeding six months or with both such fine and imprisonme­nt.”

In my opinion, underage marriage causes more harm than good. A psychologi­cal review must be carried out to see whether the child is ready to shoulder the responsibi­lity of being a wife. A marriage is more than a means for sexual release as it also entails rights and responsibi­lities of both partners.

Therefore, in this particular case, the child’s custodian needs to play an active role in monitoring her welfare. Any and all assistance needed should be provided throughout matrimony.

Special attention must additional­ly be given to the child’s future. Early marriage, without the required knowledge and prior life experience needed, is tantamount to compromisi­ng her developmen­t.

I firmly believe that Malaysian law has provided clear conditions in the matter of the minimum age for marriage to protect and ensure the rights of women.

Particular care should be taken to avoid exploitati­on. The future of a child is of utmost importance, and marriage at an early age cannot guarantee this matter.

If an individual intends to alleviate the bride’s family of poverty, for example, he may give financial assistance for schooling purposes or engage in other means rather than take her hand in marriage.

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