PETALING JAYA, July 3 ― Following public outcry over her Facebook post, Human Rights Commission (Suhakam) commissioner Nik Salida Suhaila Nik Saleh has denied supporting child marriage and said her message was misunderstood.
Her post was concerning the marriage of a 41-year-old Kelantanese man to an 11-year-old Thai girl as his third wife in southern Thailand last month.
Nik Salida told Free Malaysia Today that she meant to highlight that age was not the only determinant for a marriage to be “sunnah” (in accordance to the teachings of the prophet Muhammad) or lawful.
“Even if the bride was 20 or 30 years old, it would not automatically make the marriage lawful.
“For a woman, you have to ensure that if something happens to your marriage, you can survive. It does not mean that it is okay to marry at 11,” the Suhakam commissioner cited the examples of a man's ability to be a breadwinner and ensure that his wife is “given knowledge” as factors of a lawful marriage.
She said she had recently presented a paper to the heads of all state religious departments, highlighting the urgent need to increase the legal marrying age from 16 to 18.
“I'm clear in my position as a Suhakam commissioner that girls 11, 12, 13, 14, and to me, even 18, are not capable of being a responsible wife,” she said.
She added that she will also meet with the Malaysian Islamic Development Department (Jakim) on the topic.
She also denied removing her Facebook post, although remains inaccessible to the public.
Deputy Prime Minister Datuk Seri Dr Wan Azizah Wan Ismail reportedly said the marriage was unlawful as the court did not approve it, but the Kelantanese man named Che Abdul Karim Che Abdul Hamid claimed that his bride’s parents consented to their marriage.
Yesterday, Suhakam said in a statement that there was no justification for child marriage and that religious practices must not supersede the fundamental rights of a child.
The Facebook post drew criticism from lawyer Siti Kasim, who wrote on Facebook that Nik Salida's position in Suhakam was no longer tenable because of the stance she took on the matter.
