By Yong Yen Nie
The Straits Times
Friday, Dec 21, 2012
KUALA LUMPUR - In Malaysia, those under 16 years of age cannot drink or drive. But marry? Increasingly, it seems, yes.
Those under 16 can apply, along with their parents, to Islamic courts for consent to marry, and some states are reporting a rising number of such applications.
Recently, Nur Fazira Saad, a 12-year-old Muslim girl in Johor, was allowed to marry her 19- year-old boyfriend Mohd Fahmi Alias, after her parents caught her spending a night at his home. Her parents said the marriage was to prevent her from sinning and having premarital sex.
Their marriage on Nov17, widely reported in Malaysian newspapers, sparked an uproar, with activists calling early marriage a threat to a girl's education as well as her mental and physical health.
"It is a contradiction for the government to impose mandatory jail sentencing for statutory rape, but allow underage girls to have sexual relations simply by being married," said Ms Suri Kempe, an activist with Sisters In Islam.
Nur Fazira has quit school to concentrate on becoming a housewife. "We have not thought about having children yet," she said. "What is important now is the love between the two of us."
Her husband says he will support her on his RM1,000 (S$400) monthly income from harvesting oil palm fruit.
In Malaysia, the legal age for most people to marry is 18. But non-Muslims between 16 and 18 can marry with the consent of the chief minister of their state.
For Muslim boys under 18 and girls under 16, permission must be sought from the Syariah court.
Islamic court records show that some 1,065 Muslims applied for early marriage in 2010. The procedure is simple and usually approved as long as documents and guardians' consent are given.
Researchers say the figure does not include illegal and undocumented non-Muslim marriages.
"Whether it is 100 or 1,000, it is worrying enough that there are girls - who are supposed to be in school at that age - getting married," said Dr Noraida Endut, a researcher on child marriages, from Universiti Sains Malaysia.
"Young married girls are likely to drop out of school, and are at higher risk of health complications from bearing children at a young age," she said.
Statistics are hard to come by as there is no standard national record of child marriages. Muslim marriages are governed by state laws instead of federal, and so, administrative procedures vary from state to state. However, in some places, there is a rising trend.
In Kedah, statistics from the state Islamic Religious Department show that 75 underage individuals applied to marry in 2008, 99 in 2009 and 101 in 2010. Almost all were girls under 16.
Many of these marriages occur to prevent sex before marriage, or because a girl is already pregnant.
The secretary-general of the Syariah Lawyers Association, Mr Moeis Basri, defended child marriages. He said Islamic courts provide sufficient protection for the couple, especially the bride, as she has to be accompanied by a male guardian when applying for the court's consent to marry.
"There is nothing wrong with child marriages, as long as the couple is prepared for it," Mr Moeis said. "There are people who got married at the age of 15 and live happily until today, and there are some that marry at ages 30 and 40, but are unhappy."
Get a copy of The Straits Times or go to straitstimes.com for more stories.
The Straits Times
Friday, Dec 21, 2012
KUALA LUMPUR - In Malaysia, those under 16 years of age cannot drink or drive. But marry? Increasingly, it seems, yes.
Those under 16 can apply, along with their parents, to Islamic courts for consent to marry, and some states are reporting a rising number of such applications.
Recently, Nur Fazira Saad, a 12-year-old Muslim girl in Johor, was allowed to marry her 19- year-old boyfriend Mohd Fahmi Alias, after her parents caught her spending a night at his home. Her parents said the marriage was to prevent her from sinning and having premarital sex.
Their marriage on Nov17, widely reported in Malaysian newspapers, sparked an uproar, with activists calling early marriage a threat to a girl's education as well as her mental and physical health.
"It is a contradiction for the government to impose mandatory jail sentencing for statutory rape, but allow underage girls to have sexual relations simply by being married," said Ms Suri Kempe, an activist with Sisters In Islam.
Nur Fazira has quit school to concentrate on becoming a housewife. "We have not thought about having children yet," she said. "What is important now is the love between the two of us."
Her husband says he will support her on his RM1,000 (S$400) monthly income from harvesting oil palm fruit.
In Malaysia, the legal age for most people to marry is 18. But non-Muslims between 16 and 18 can marry with the consent of the chief minister of their state.
For Muslim boys under 18 and girls under 16, permission must be sought from the Syariah court.
Islamic court records show that some 1,065 Muslims applied for early marriage in 2010. The procedure is simple and usually approved as long as documents and guardians' consent are given.
Researchers say the figure does not include illegal and undocumented non-Muslim marriages.
"Whether it is 100 or 1,000, it is worrying enough that there are girls - who are supposed to be in school at that age - getting married," said Dr Noraida Endut, a researcher on child marriages, from Universiti Sains Malaysia.
"Young married girls are likely to drop out of school, and are at higher risk of health complications from bearing children at a young age," she said.
Statistics are hard to come by as there is no standard national record of child marriages. Muslim marriages are governed by state laws instead of federal, and so, administrative procedures vary from state to state. However, in some places, there is a rising trend.
In Kedah, statistics from the state Islamic Religious Department show that 75 underage individuals applied to marry in 2008, 99 in 2009 and 101 in 2010. Almost all were girls under 16.
Many of these marriages occur to prevent sex before marriage, or because a girl is already pregnant.
The secretary-general of the Syariah Lawyers Association, Mr Moeis Basri, defended child marriages. He said Islamic courts provide sufficient protection for the couple, especially the bride, as she has to be accompanied by a male guardian when applying for the court's consent to marry.
"There is nothing wrong with child marriages, as long as the couple is prepared for it," Mr Moeis said. "There are people who got married at the age of 15 and live happily until today, and there are some that marry at ages 30 and 40, but are unhappy."
Get a copy of The Straits Times or go to straitstimes.com for more stories.
