SUHAKAM right Wan Azizah Wrong - The Minimum Age of Marriage should be set by LAW?

At what age can a child/young person get married? That is the question, and it a question for not just a question for Malaysian Muslims but for all Malaysians. Note that UNICEF was reported stating, that based on 2,000 census, there were 6,800 girls and 4,000 boys under 15 who were married. Also reported was the fact that there were about 2,775 applications for NON-MUSLIM child marriages between 2010-2015...

Local daily The Star reported in 2013 that in 2012, there were 1,165 applications for marriage in which one party, usually the bride, was below 16. The Shariah Courts reportedly approved 1,022 of them. - Malay Mail, 1/7/2018 [Marrying a 11 year old girl is OK in Malaysia? What do you say? State governments? Federal Government?]

...based on the 2000 Malaysian census, there were 6,800 girls and 4,600 boys under the age of 15 who were married. The more recent 2010 census did not include comparable data. - Unicef’s Malaysia representative Marianne Clark-Hattingh- FMT, 1/7/2018 [Marrying a 11 year old girl is OK in Malaysia? What do you say? State governments? Federal Government?]

In Malaysia, there were 6,246 Muslim child marriage applications and 2,775 cases of non-Muslim child marriages between 2010 and 2015.- FMT, 1/7/2018 [Marrying a 11 year old girl is OK in Malaysia? What do you say? State governments? Federal Government?]

Marriage is a serious business and it involves 2 CONSENTING persons - the future husband and wife. Marriage may result in children and other normal family obligations and responsibilities. If a person has the ability to consent to be married, then rightly he/she should also have the ability and/or right to VOTE.

So, should Malaysia fix the age before A and B should marry? Or should we simply leave it to the individuals to decide at what age they should marry? Note, that some even at 30, may really not have capacity or the mental ability to decide and consent to a marriage...

At present in Malaysia, while he Civil laws fix the minimum age of marriage for non-Muslims, the Syariah law sets the minimum age for Muslim marriages. There are exceptions in the Syariah law in some States that allow for under-age marriages, and likewise there may be also some 'exceptions' in Civil law - considering there were "....2,775 cases of non-Muslim child marriages between 2010 and 2015..."

Underage persons may have applied for registration of marriage possibly because the girl have become pregnant, or maybe a child has been born. According to the Penal Code, this may be the criminal offence known as 'statutory rape' - and marriage is an exception in law when it comes to rape. Sadly, Malaysia still does not recognize rape within a marriage as on offence - Rape is rape even if the perpetrator is the husband.(Hope that Malaysia soon recognize marital rape)

In Syariah law, pregnancy and a birth of child outside a legitimate marriage, is evidence of zina(adultery). 

In any event, what happens to children of these underage not registered marriages. Is the solution as simple as legititamizing these under-age marriages?

It is 'politically sensitive' problem - but that certainly does not allow our new Malaysian PH government to 'escape' by simply suggesting a 'Standard Operating Procedure(SOP)' rather than a law. SUHAKAM is right? There is a need for a law that clearly sets the minimum age for marriage. 

Can Federal Law override or limit State Islamic Laws? Mpre so since our Federal Constitution places Islam under the State List.

Act 355(which have been a controversy of late) is such a precedent whether Federal Law sets the limits on sentences that can be imposed vide State Shariah/Islamic law. Hence, there is nothing stopping the Federal government enacting a law that stipulates the minimum age for marriage in Malaysia.

Pakatan Harapan governs many States in Malaysia - These States could also table amendments to State Syariah/Islamic laws stipulating the minimum age of marriage, and to remove any exceptions. And, even if the exceptions remain, there should be a determination of a absolute minimum age...which certainly should not be 11, 12, 13 or even 14.

Best Interest of the Child - How old should a parent be? Can a girl of 12 or a boy of 13 be able and good parents? What is required to protect the 'best interest of the child'? Wealth and earning capacity is also a concern - do we allow child workers? Do they have enough money for the 'best interest of the child'? If they subsequently divorce, would a young person be able to contribute to child maintenance?   

Local daily The Star reported in 2013 that in 2012, there were 1,165 applications for marriage in which one party, usually the bride, was below 16. The Shariah Courts reportedly approved 1,022 of them. - Malay Mail, 1/7/2018 [Marrying a 11 year old girl is OK in Malaysia? What do you say? State governments? Federal Government?]

...based on the 2000 Malaysian census, there were 6,800 girls and 4,600 boys under the age of 15 who were married. The more recent 2010 census did not include comparable data. - Unicef’s Malaysia representative Marianne Clark-Hattingh- FMT, 1/7/2018 [Marrying a 11 year old girl is OK in Malaysia? What do you say? State governments? Federal Government?]

In Malaysia, there were 6,246 Muslim child marriage applications and 2,775 cases of non-Muslim child marriages between 2010 and 2015.- FMT, 1/7/2018 [Marrying a 11 year old girl is OK in Malaysia? What do you say? State governments? Federal Government?]

 

Suhakam wants child marriage criminalised, opposes SOP

Published 1 hour ago on 06 July 2018

By Boo Su-Lyn

Deputy Prime Minister Datuk Seri Dr Wan Azizah Wan Ismail, who also holds the women’s portfolio, said Monday that the government would look into a standardised screening process for marriages involving minors. — Picture by Shafwan Zaidon

KUALA LUMPUR, July 6 ― The Human Rights Commission of Malaysia (Suhakam) said it would not support the government’s proposal to develop a standard operating procedure (SOP) for child marriages instead of banning them outright.

Suhakam stressed that child marriage must be made a crime and noted that child brides, incapable of consenting to sex, could be raped in the act of consummating the marriage.

“Suhakam is disappointed that the Ministry of Women, Children and Community Development has failed to recognise these serious consequences and has continued to be ineffective in enforcing a minimum age for marriage at 18 despite the shocking numbers of child marriages in Malaysia,” Suhakam said in a statement.

“On the right to freedom of religion, Suhakam would like to point out that religious practices are subject to Article 11(5) of the Federal Constitution whereby any act contrary to any general law relating to public order, public health or morality shall not be authorised.

“This means that with the political will, it is possible for child marriages to be criminalised at all levels in the country,” said the human rights commission.

Deputy Prime Minister Datuk Seri Dr Wan Azizah Wan Ismail, who also holds the women’s portfolio, said Monday that the government would look into a standardised screening process for marriages involving minors, citing the need to uphold the sanctity of the Shariah Courts and the native courts in east Malaysia.

Under Islamic laws, the marriageable age is 18 for boys and 16 for girls, but the Shariah courts hold the authority to give consent to those under the permitted age to get married. There is no minimum age of marriage for Muslims.

According to a paper by Penang Institute, 10,240 Muslims applied for child marriage between 2005 and 2015, while 7,719 marriage applications were made by non-Muslims between 2000 and 2014 for girls aged between 16 and 18.

Penang Institute said according to data by the Malaysian Shariah Judiciary Department (JKSM), Shariah judges approved 81 per cent of child marriage applications in 2015. - Malay Mail, 6/7/2018