SISTERS in Islam (SIS) is appalled to learn that Kelantan’s shariah courts had approved 10 underage marriages between January 2018 and January 2019. Averaged, this indicates that at least one underage marriage took place almost every month in the state.

It is therefore ironic that Kelantan shariah court judge Abu Bakar Abdullah Kutty mentions that “underage marriages must be prevented from early on because it is feared that couples will face countless problems”.

We are disappointed that Kelantan and Terengganu has opted to retain child marriage in the states, with Kelantan citing last November that the practice is regarded a “necessity” in the state.

Such a reckless stance not only reflects an irresponsible government willing to endanger the futures of children, but also shows a disregard for the pursuit of education as a means for economic emancipation among the more impoverished communities in the state.

Kelantan’s further rejection of the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women in November 2018 is also a shameful decision, considering Malaysia’s ambition to be a progressive and inclusive country with developed nation status.

The prime minister’s directive

We are concerned that most states have not moved to comply with Dr Mahathir Mohamad’s order for all state governments to raise the minimum legal age for marriage to 18 years for both Muslims and non-Muslims.

The prime minister issued the directive after chairing the 132nd meeting of the menteris besar and chief ministers at Perdana Putra in October 2018.

Imperfect implementation

The prime minister’s directive was confirmed by Penang’s Women, Family, Gender Inclusiveness and Non-Islamic Religion Committee chairperson Chong Eng. While she announced that the Penang state assembly has been instructed to process the directive, she mentioned in October 2018 that the Penang Islamic Religious Department has yet to submit its report for the decision to be finalised.

There has been no official announcement from the Penang government since on the status of this legislative amendment.

In September 2018, Selangor Menteri Besar Amirudin Shari announced that amendments to increase the age of marriage in the state was passed by the state assembly. Amendments were made to the Islamic Family (State of Selangor) Enactment and Shariah Court Civil Procedure (State of Selangor) Enactment to raise the marriageable age limit of Muslims from 16 to 18.

According to Amirudin, the new enactments, which would include a set of “strict” standard operating procedures, were to have come into effect in January 2019. However, until today, there has been no indication of what criteria have been included in the procedures.

Earlier this month, the Sabah cabinet agreed to set the minimum age of marriage at 18 in the state, citing that review of the law would involve amending the Native Courts Enactment. Nevertheless, there is no indication if amendments will be made at the state’s shariah level to include Muslim children.

Need to move forward

We are encouraged by how the marriage of an 11-year-old Rohingya girl child to a 20-year old-man was recently protested by a concerned member of the public as well as enforcement and religious authorities in Penang.

This incident reflects not only a social will to end child marriage in the country, but also how anyone can be empowered to play a role in ending the practice of child marriage in Malaysia. This incident should be an impetus to more concerted efforts at the state government level towards raising the age of marriage to 18 for all children.

Federal and state governments and elected representatives, including MPs and state assemblymen, have a responsibility to protect the most vulnerable amongst us, including children. This includes keeping them safe from harm, inculcating a positive social mindset, and ensuring that they have the best possible chance of a bright future by prioritising their education. Child marriage poses an obstacle to all the above.

SIS is also concerned of the politicising of the issue of child marriage at the expense of the welfare and wellbeing of the child. We emphasise again the urgency for laws to be amended, and for these laws to include all children, boys and girls, regardless of race and religion, with no exceptions. – February 18, 2019.

* Sisters in Islam (SIS) is a civil society group working towards advancing the rights of Muslim women in Malaysia within the framework of Islam, universal human rights principles, constitutional guarantees, as well as lived realities and experiences of women.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.