THE Human Rights Commission of Malaysia (Suhakam) has said all political and religious leaders, including shariah court judges, who continue to condone or consent to underage marriages must be held accountable, saying the government must enforce a “zero tolerance” for the practice.

Its chairman Razali Ismail said the commission is concerned that the existing law, which allows a shariah court judge or head of state government to consent to such a marriage, would further encourage sexual violence against children.

“Suhakam does not think enough has been done to end child marriages in Malaysia and believes zero tolerance of child marriage must be enforced at every root of society.

“Suhakam calls on shariah court judges and the authorities who continue to consent to child marriage to stop doing so and they must be held accountable for perpetuating this egregious practice,” he said in a statement today, joining the recent public outrage over the marriage of a 11-year-old girl to a 41-year-old man in Kelantan.

Razali said at present, religious justifications supported by law may be used to provide cover for peadophiles and child sexual predators who marry the children or victims.

“Suhakam reiterates that there is no justification to child marriage and stands firm that where religious practices are concerned, they must not supersede the fundamental rights of a child, the best interest of the child must still prevail,” he said.

The legal marriageable age for Muslim men and women in Malaysia is 18 and 16 respectively. However, marriages of those below these ages are still legal upon the consent of a shariah judge.

For non-Muslims, 18 is the legal marriageable age for both genders but a girl aged 16 can be legally married with the authorisation of the state chief minister or menteri besar.

In the statement, Razali also reiterated calls to set the legal minimum age of marriage to 18 for all Malaysians.

“We recommend that the government and state religious bodies including Jabatan Kemajuan Islam Malaysia (Jakim) take active steps to inform the public about the detriments associated with underage marriages,” he said.

The man has defended his actions in marrying the 11-year-old child, who is a Thai national, saying that he was merely trying to “help” provide for her as her family were poor.

He was reported to have wed her in a ceremony in Thailand without the consent of his first and second wives. – July 1, 2018.