When a 41 year old Malaysian man marries a 11 year old Thai girl - and when in Malaysia, Islam does not place a limit ...
....a marriage ceremony between a 41-year-old man and a 11-year-old girl made the rounds on social media, renewing an age-old debate on child marriage...
As for Muslims, the minimum legal age for marriage in the states’ Islamic family laws is 18 and 16 for a male and female respectively, but children below these ages can still marry if they get the consent of a Shariah judge. There is no minimum age of marriage.
If a child can marry, why should a child of 16 also be given the right to vote...? But, the more important question that Malaysia, that means all Malaysians, has to decide on is whether we should set an age limit for marriage...What do Muslims say?
...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.
....In Malaysia, there were 6,246 Muslim child marriage applications and 2,775 cases of non-Muslim child marriages between 2010 and 2015.
What does PAS say? What does Amanah say? These Muslim political parties should really speak up on their position - silence is not an option now.
Our penal code defines RAPE as follows..in Section 375 of the Penal Code ...
A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the following descriptions:
(a) against her will;Explanation - Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
(b) without her consent;
(c) with her consent, when her consent has been obtained by putting her in fear of death or hurt to herself or any other person, or obtained under a misconception of fact and the man knows or has reason to believe that the consent was given in consequence of such misconception;
(d) with her consent, when the man knows that he is not her husband, and her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married or to whom she would consent;
(e) with her consent, when, at the time of giving such consent, she is unable to understand the nature and consequences of that to which she gives consent;(f) with her consent, when the consent is obtained by using his position of authority over her or because of professional relationship or other relationship of trust in relation to her;(g) with or without her consent, when she is under sixteen years of age.
Exception - Sexual intercourse by a man with his own wife by a marriage which is valid under any written law for the time being in force, or is recognized in Malaysia as valid, is not rape...
It is RAPE when ...when, at the time of giving
such consent, she is unable to understand the nature and consequences of
that to which she gives consent. At what AGE will a girl...understand the nature and consequences of
that to which she gives consent.
It is RAPE when she is below 16 - whether she consents or not is irrelevant...
BUT - our Penal Code has an exception....MARRIAGE.
Parliament can amend the Penal Code - but under the Federal Constitution, matters concerning Islam comes under the jurisdiction of the different States....and here lies the problem.
So, maybe the states ...Kelantan, Trengganu, Pahang, Selangor, etc...need to ACT now ...to ensure that no girl under the age of 16(or better still 18) can marry...
Hope the State governments, be it under Pakatan Harapan, PAS and Barisan National...do something ...say something now. There must an agreement reached on the age of marriage - now, in some State, it is 16 and for some other it is 18 for Muslims...
That RAPE can happen even in marriage is already acknowledged... maybe, the Exeption that a man cannot rape his wife should be removed once and for all...in our Penal Code. If the wife says 'No', and the man still proceeds to have sexual intercourse, it is rape...irrespective of whether there is other hurt or threat..
It may be interesting to note that under section 376 Penal Code that deals with punishment for rape, a more severe sentence is provided for "....(e) with or without her consent, when she is under twelve years of age;..."
Will the political parties simply not react for worry of losing support amongst some Muslims...which may jeopardize their chances in future elections?
Why is the Kelantan government silent on this matter...as the man is a Kelantanese...and it will ultimately be the laws in Kelantan that will apply? PAS and the Kelantan government should speak up since this is an Islamic matter...under the jurisdiction of the States...(or did they already?) Media should really seek out the comments of the Kelantan State and religious authorities on this matter...
If all is in agreement of change that should happen - then, it no longer is an issue - then we wait only for promised actions - the 'best interest of the child' must be a priority of all governments and people...
Unicef joins outrage over girl’s marriage, tells Putrajaya to act
The UN body say it's time the PH government amend the law to set the legal marriage age to 18 'without exception'.
This photograph of a young girl in a marriage ceremony has caused outrage among Malaysians. (Facebook pic)
PETALING JAYA: The United Nations Children’s Fund (Unicef) has joined
the outrage in Malaysia after a picture of a marriage ceremony between a
41-year-old man and a 11-year-old girl made the rounds on social media,
renewing an age-old debate on child marriage.
“If true, it is shocking and unacceptable,” said Unicef’s Malaysia
representative Marianne Clark-Hattingh. “It is not in the best interests
of the child. It is a violation of her rights.
She repeated calls for the law to be amended, saying the new Pakatan
Harapan government should make it a priority to ensure the legal age for
marriage is set at 18 “without exception”.
Clark-Hattingh said only last week, 50 civil society organisations,
including Unicef, issued a statement calling for immediate action on
child marriages.
She said 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.
In Malaysia, there were 6,246 Muslim child marriage applications and
2,775 cases of non-Muslim child marriages between 2010 and 2015.
The current legal age for marriage under civil law is 18, while
shariah courts are empowered to allow Muslim marriages at 16 or younger.
In her reaction, Deputy Prime Minister Dr Wan Azizah Wan Ismail she
had asked the Welfare Services Department to investigate the matter.
Wan Azizah, who is also the women, family and community development
minister, said a thorough investigation would be conducted “because it
involves the state Syariah Enactment”.
“We also have to look into why it happened. Was it caused by poverty, education, family issues or other problems,” she said.
According to reports, the photo on social media was believed to have
been posted by one of the wives of the man who took the girl as his
third wife.
The man, who has six children from his two wives, is believed to be a rubber tapper, while the girl is from southern Thailand.
He said the girl would continue to stay with her parents, adding that
his marriage was just a “nikah gantung” (suspended marriage).
He said he consulted “learned people” in Thailand before marrying the girl.- FMT, 1/7/2018
Suhakam worried child marriage used to legalise paedophilia
KUALA LUMPUR, July 1 —
The Human Rights Commission of Malaysia (Suhakam) expressed concern
today that paedophilia could be legalised in child marriages approved by
Shariah courts or state chief ministers.
Amid the controversy
surrounding the case of a 41-year-old Kelantanese man marrying an
11-year-old Thai girl, Suhakam urged Shariah judges and the authorities
to stop permitting child marriages.
“Suhakam is concerned that at present, religious
justifications supported by law may be used to provide cover for
paedophiles and child sexual predators who marry the children/victims,”
said Suhakam in a statement.
“Suhakam
reiterates that there is no justification to child marriage and stands
firm that where religious practices are concerned, they must not
supersede the fundamental rights of a child; the best interest of the
child must still prevail,” it added.
The
commission also urged the government and state religious authorities,
including the federal Department of Islamic Department (Jakim) to
educate the public about the detriments of underage marriage.
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.
The legal age of marriage
for non-Muslims is 18 for both genders, but a girl aged 16 can be
legally married if the state chief minister/mentri besar or in the case
of the federal territories, its minister, authorises it by granting a
licence. However, non-Muslims cannot get married below 16.
As for Muslims, the
minimum legal age for marriage in the states’ Islamic family laws is 18
and 16 for a male and female respectively, but children below these ages
can still marry if they get the consent of a Shariah judge. There is no
minimum age of marriage.
Deputy Prime Minister
Datuk Seri Dr Wan Azizah Wan Ismail reportedly said today that the
latest child marriage, where the ceremony was conducted in Thailand, was
unlawful and told the couple to separate. - Malay Mail, 1/7/2018
Putrajaya urged to look into child marriage issue
The Child Rights CSO Group wants Putrajaya to meet NGOs to address child protection issues in the country.
The
Child Rights CSO Group says the government must work with NGOs in the
implementation of policies and laws for the protection of children.
(Facebook pic)
CSCG, in a statement today, said that the situation was totally unacceptable and that Malaysia must take all effective and appropriate measures to abolish traditional practices prejudicial to the health of children.
“We call on the Pakatan Harapan (PH) government, in particular, the women, family and community development ministry, the police, health ministry, home ministry, the Attorney-General’s Chambers and education ministry, to urgently do a complete review of the child development and protection support systems.
“We also urge the government to work with and listen to NGOs as we exist to complement and support the government to address serious gaps in the implementation of policies and laws for the protection of our children, both citizens and non-citizens,” the group said, adding that it was ready and willing to work with the government to address and improve the issue of child rights and protection in Malaysia.
They also called on the government to take immediate action to ban child marriage and to fulfil what was promised in the PH manifesto on this issue. - FMT, 1/7/2018
Amend law that allows child marriage, says Suhakam
Posted on 1 July 2018 - 03:41pm
Last updated on 1 July 2018 - 08:48pm
Last updated on 1 July 2018 - 08:48pm
PETALING JAYA: Suhakam, the Human Rights
Commission of Malaysia, has said it is troubled that the law allows
marriage between adults and children.
Such marriages are allowed with the consent of a Syariah court judge
or a chief minister or a minister, legalising child sex, it said.
"Suhakam does not think enough has been done to end child marriages
in Malaysia and believes zero tolerance of child marriage must be
enforced at every root of society," Suhakam chairman Tan Sri Razali
Ismail said in a statement today.
"Suhakam reiterates that there is no justification to child marriage
and stands firm that where religious practices are concerned, they must
not supersede the fundamental rights of a child; the best interest of
the child must still prevail."
He urged the government to set the legal minimum age of marriage to 18 for all persons.- The Sun Daily, 1/7/2018
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1 comment:
Non muslims should avoid commenting on this sensitive issue because it involves religious belief of our muslim brethren. Anyway, how come everybody is dead silent about the request by Indian Government on the deportation of Zakir Naik? Dont tell me that he has been deradicalised by the great Zamihan, and is now considered a Malaysian pussycat.
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