WHILE there has been a global decline in child marriages in recent years, this deeply ingrained and widespread practice persists, flagrantly violating human rights and standing as a significant moral blight, tarnishing the fabric of society.

Despite global attempts to eradicate this practice, millions of girls find themselves thrown into marriages, perhaps willingly or unwillingly, often with significantly older spouses.

As reported by the United Nations Children’s Fund (Unicef), approximately 640 million girls and women alive now have experienced child marriage, with one in five women aged 20 to 24 having married as children, compared with nearly one in four a decade ago globally.

Ex-deputy women, family and community development minister Hannah Yeoh said from 2007 until 2017, there were 14,999 cases of child marriages, with 10,000 within the Malay-Muslim community. In 2020, it was reported 445 students dropped out of secondary school to marry.

As reported, approximately 1,500 children were married off each year (between 2007 to 2019) – 90% of them were girls. A recent parliament session highlighted a positive decline in child marriages, with a 19% decrease reported, from 1,354 cases in 2020 to 1,086 cases in 2021.

Accurate statistics on child marriages in Malaysia remain elusive due to the absence of a centralised database, exacerbated by the sensitivity of the topic and the prevalence of undocumented cases.

Shariah Judiciary Department Malaysia data in 2018 indicated there was a high prevalence of child marriage in Sarawak (974), Kelantan (877) and Sabah (848). The total ban on child marriages has been contested, particularly in these states that also experience high levels of poverty.

The following are a few instances of tabloid-worthy mentions of child marriage in Malaysia:

– An 11-year-old Thai girl who became the third wife of a 41-year-old Kelantan rubber trader, as the man promised a comfortable life to the child’s parents while his second wife revealed he provided insufficient financial support to the family

– A 15-year-old girl became the second wife of a 44-year-old Kelantan People’s Volunteer Corp member. The child had 13 siblings and due to poverty, her parents married her off.

Interestingly, both instances share a commonality – they both occurred in Kelantan.

As recently reported, Kelantan recorded 533 registered underage marriages in the past four years.

Could this imply there is an inadvertent endorsement of immoral human rights practices in the state?

The Malaysian Child Act 2001 defines a “child” as one who is below 18 years old. While federal involvement in state jurisdiction is limited, the federal government should be a signatory of the Convention on the Rights of the Child 1989 to reduce the prevalence of child marriages, as a child is accorded protection under:

– Article 6: Ensuring survival, wellbeing and growth

– Article 19: Safeguarding against violence, abuse and exploitation

– Article 24: Right to optimal healthcare, emphasising primary care and preventive measures

– Article 28: Right to education, which should be achieved progressively and with a commitment to providing equal opportunity

In addition, the patriarchal social structure in Malaysia contributes to the high rate of child marriage, which highlights the larger problem of female autonomy in decision-making and participation in the nation.

The fact that child marriage remains “still legal” in Malaysia may have unintended “normalisation” effect on rape cases. Men who rape young children can escape prosecution and punishment simply by opting to marry the victim, as was the case of a 13-year-old girl who was raped by a 40-year-old restaurant manager, who then legally married the child.

In another case, a 35-year-old Negri Sembilan man wed a disabled 14-year-old after he was accused of raping her. The guy then allegedly compelled his wife to record him raping his sister-in-law, who was 11 years old.

Shockingly, Shabudin Yahaya, a Malaysian politician and a former shariah court judge, opined that a rape victim marrying a perpetrator, viewed as a potential solution to escalating social issues, was not inherently problematic.

Implication on the physical, mental and emotional well-being of the child

A study by Susan Mayor indicated pregnancy and birth complications were the leading cause of death in 15 to 19-year-olds in developing countries, resulting in 70,000 deaths a year. In addition, these girls faced twice the risk of dying from pregnancy-related causes compared with women in their 20s, and their infants faced a 50% higher likelihood of mortality (“Pregnancy and childbirth are leading causes of death in teenage girls in developing countries”, National Library for Medicine, May 15, 2006).

Another study by Prof Caroline et al with 22,188 respondents found children whose mothers were 19 years old or below had a 20-30% higher risks for preterm delivery and low birth weight, linking teenage motherhood to newborn complications.

Subsequently, pregnancy and child marriage have a greater detrimental impact on the mental health of the victim. For instance, while 6.5% to 12.9% of women in high-income countries experience perinatal mental health issues, in developing nations like Malaysia, the rate jumps to 48.5% (“Rising Concern on Perinatal Mental Healthcare in Malaysia”, Emir Research, 2023).

Hinders education opportunities and personal development of the child

Often overlooked, child marriage might contribute to intergenerational poverty by restricting educational and economic possibilities. Early marriage frequently leads to dropping out of school, impeding skill development and future employment opportunities for young brides.

According to Deputy Education Minister Lim Hui Ying, the dropout rate for female students in Malaysia increased from 0.4% in 2019 to 0.71% in 2022, while for male students the rate decreased from 0.72% in 2019 to 0.29% in 2022. Based on the ministry’s Student Database Application System from 2019 to 2023, it was found that one of the many reasons was due to marriage.

After marriage, child brides or grooms, but especially brides, may be prohibited from going to school as typical gender roles are frequently prioritised.

The recent emphasis by the Malaysian government on compulsory secondary education for all is commendable. However, it is crucial to prevent the immoral practice of child marriage from undermining this envisioned brighter future.

Hence, Emir Research proposes the following to supplement the National Strategy Plan in Handling the Causes of Child Marriage (2020-2030):

– Reliable data and extensive research on the root causes of child marriage and mitigation pathways

Beyond merely compiling data on the incidence of child marriages by local and state governments, there is a crucial need to establish a centralised and systematic database of detailed case studies – a crucial resource for developing workable strategies towards the eradication of child marriage in Malaysia.

Close collaboration between the Social Welfare Department and Women, Family and Community Development Ministry is essential. They should jointly offer support to victims of child marriages, which includes conducting periodic home visits to evaluate living conditions and standards. It is also vital to inform victims about their rights and legal protections under Malaysian law, especially in cases involving violence.

Creating such a centralised database would facilitate civil society in conducting thorough research on child marriage, contributing to efforts to eliminate this immoral practice from society.

– Creating decent jobs in rural and suburban areas to break the cycle of poverty

Poverty is one of the key drivers of child marriages. Thus, creating employment in industries suitable for our rural communities, such as community-based tourism, handcraft manufacturing, and agricultural entrepreneurship, will empower family heads and enhance family wellbeing while also providing economic expansion.

In addition to fostering skill development and financial security, such efforts decrease dependence on the immoral and often exploitative practice of child marriage.

Creating a wide variety of good jobs – especially in industries that complement local resources – can lead to a significant economic uplift in rural and suburban areas, breaking the persistent cycles of poverty.

– Improving access to quality maternal care for pregnant and parenting girls and women

Adequate healthcare empowers young mothers while minimising health risks and infant mortality. Education and support offered during maternity care raises understanding about reproductive health, stopping the cycle of misinformation.

Prioritising maternal care and community support for young mothers’ actions and autonomy subverts social norms endorsing child marriage and fosters an environment conducive to healthier futures.

Additionally, emphasising the importance of family planning allows couples to manage family size, promotes economic stability and education, and could prevent child marriage.

It is certain that eradicating child marriage requires legal reforms pertaining to child marriage and the reproductive rights of girls and women. Such a gap in policy must be addressed.

After all, the persistent support for child marriages among Malaysian lawmakers and religious leaders reflects same-old identity politics and misuse of religion, but, as we can see from the above, contributes nothing to healthy national development. – December 20, 2023.

* Jachintha Joyce is a research assistant at Emir Research, an independent think tank focused on strategic policy recommendations.

* 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.