JULY 3 — Article 16(2) of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW states: "The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.”

Section 10 of  the Law Reform (Marriage  And Divorce) Act 1976 (Act 164) states: "Any marriage purported to be solemnized in Malaysia shall be void if at the date of the marriage either party is under the age of eighteen years unless, for a female who has completed her sixteenth year, the solemnization of such marriage was authorized by a licence granted by the Chief Minister under subsection 21(2).”

However, Section 3(3) of the Law Reform (Marriage  And Divorce) Act 1976 (Act 164)  states  that  Act 164  does not apply to a Muslim or to any person who is married under Muslim law.

So we ask ourselves, how does a State protect children that are not governed by Act 164 when it comes to marriages involving Muslim children at, for example, the age of 11 years?

Section 2 of the Child Act 2001 defines a child as: "child”— (a) means a person under the age of eighteen years.

Section 1(2) of the Child Act 2001 states: "This Act applies throughout Malaysia.”

Section 17(1)(b) of the Child Act 2001 states: "A child is in need of care and protection if — (b) the child has been or there is substantial risk that the child will be physically injured or emotionally injured or sexually abused and his parent or guardian, knowing of such injury or abuse or risk, has not protected or is unlikely to protect the child from such injury or abuse.”

Section 18 of the Child Act 2001 states: "Any Protector or police officer who is satisfied on reasonable grounds that a child is in need of care and protection may take the child into temporary custody”.

But if  we were to look at the Islamic Family Law (Federal  Territory) Act 1984  and  the  relevant  Islamic  family  law  state  enactments  passed by the relevant state legislative assemblies,  essentially  it does clearly state  that  no  marriage  may  be  solemnised under this Act(or Enactment) where  either  the  man  is under the age of eighteen or the woman is under the age of sixteen except where the Syariah Judge has granted his permission in writing in certain circumstances.

So let us ask a hypothetical question, what  possible ‘certain circumstances’  could  a  Syariah  Judge  have  considered if  he were to grant  permission  for , say, a 11 year old Muslim  child to get married? I would think there would be none to consider. She should be sent back to school.

Until  there  is  some form of  federal legislation which makes it clear that all marriages, whether under  under  civil law or syariah law involving children below the age of 18, is prohibited, the use of the Child Act 2001 seems to be the only way for the State to protect Muslim child brides in our country.

* This is the personal opinion of the writer or organisation and does not necessarily represent the views of Malay Mail.