THE Penang government is considering increasing the minimum marriageable age for Muslim girls from 16 to 18.

State women and family development, non-Muslim affairs and gender inclusivity exco Chong Eng said the state legal adviser has been asked to study ways to amend the Islamic Family Law (State of Penang) Enactment 2004.

“Laws should be (updated) according to the times and needs. We have to use our common sense. Underage children cannot be allowed to marry,” she said during her winding-up speech at the state legislative assembly tonight.

Chong, who is also Padang Lalang assemblyman, earlier spoke about the dangers of allowing underage children to marry. The topic received much attention in the House.

Daniel Gooi (PH-Pengkalan Kota) brought up the controversial remarks by Tasek Gelugor MP Shabudin Yahya, who reportedly said “Rapists were asked to marry their underage victims” during a Dewan Rakyat sitting last year.

Nor Hafizah Othman (BN-Permatang Berangan) said the remarks referred to cases where sexual intercourse, involving girls under 18, was consensual.

“Under civil law, sex with minors is considered rape. But for Muslims, if the act is consensual, the two parties can settle the matter amicably by getting married.

“Shariah law allows it on the condition that both have reached puberty, the act was consensual, and the parents or guardians of the girl permits it. It is not about telling rapists to marry their victims.”

Chong said letting underage girls marry is dangerous.

“Children are not capable of deciding for themselves. If they can just get married after having sex, it is dangerous.

“It would make it seem like a man can force himself on a girl, commit rape, and then settle the matter through marriage.”

She said the girls, being so young, are likely unable to support themselves, and their marriages might end in divorce.

Chong cited the case of a 41-year-old rubber tapper in Kelantan who took on an 11-year-old Thai girl as his third wife.

The man previously said he would not consummate the marriage until the girl was older.

Last month, he was fined RM1,800 for marrying the child without the shariah court’s consent. The marriage, however, was consented to by the girl’s parents.

Chong said parents are supposed to protect their children’s interest and well-being.

Faiz Fadzil (PH-Permatang Pasir) asked if the state government will increase the minimum age for Muslim girls to marry.

“The state exco has asked the legal adviser to study the amendment,” said Chong.

The matter does not fall within the purview of her portfolio.

The exco in charge of Islamic affairs, Deputy Chief Minister I Ahmad Zakiyuddin Abdul Rahman, is on medical leave. – August 9, 2018.