KUALA LUMPUR, Jan 3 — Marriage decisions based on the desire for a faster, easier process or even the fear of existing spouses are becoming common reasons for Muslims choosing to marry without official permission, whether within the country or abroad, according to Federal Territories Syariah Bar Association president Datuk Zainul Rijal Abu Bakar.
Malay daily Utusan Malaysia today reported Zainul Rijal expressing concern over the long-term repercussions of such actions, particularly concerning lineage.
“Laws and regulations are made to protect the interests of parties and religions such as lineage, for example.
“Permission is needed to ensure that a person has never been married, widowed, or who wants to be polygamous,” he was quoted as saying, referring to Muslim marriages.
Utusan Malaysia previously reported that the Shariah courts received a total of 30,279 marriage confirmation applications within five years from Muslim couples involved in elopement or those who married without official consent, whether domestically or internationally.
This figure encompasses couples who have previously married, regardless of whether it was their first marriage or a polygamous union. Muslim men are allowed by their religion to wed up to four wives.
Islamic Affairs Minister Datuk Mohd Na’im Mokhtar underscored the importance of regulating Muslim marriage affairs in the country to uphold Shariah’s ‘maqasid’ and address the five ‘maslahahs’, particularly preserving religion, lineage, and property.
He highlighted mandatory HIV tests for Muslim couples in Malaysia to ensure the well-being of both the couple and any future children.
“All these tests are important for the long-term good. Many choose to get married and run away without thinking about the bad consequences that will happen later,” he was quoted as saying.
Expressing concerns about the perceived complexity of marriage laws, Malaysian Shariah Lawyers Association president Tuan Musa Awang noted that some Muslims opt to marry abroad, such as in Thailand, to avoid what they perceive as cumbersome legal provisions.
“A few people think that the legal provisions set are very troublesome and burdensome,” he was quoted as saying.
He urged the government to collaborate with state authorities to negotiate with neighbouring countries on marriage procedures, ensuring that couples marrying abroad adhere to the rules of both the host country and their country of origin.
