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.
