THE investigation of the case of a child marriage in Gua Musang, Kelantan will look into whether the 41-year-old man had sexually groomed his 11-year-old bride-to-be prior to the supposed marriage, said Women, Family and Community Development Minister Dr Wan Azizah Wan Ismail.

Wan Azizah, who is also deputy prime minister, said this was because sexual grooming was an offense under the Sexual Offences Against Children Act (2017).

“My officers are working with other local enforcement agencies to look further into this case.

“This includes whether there are elements of sexual grooming in the relationship between the man and this girl before the supposed marriage,” she said in a press conference after attending the ministry’s Hari Raya celebration.

Wan Azizah had called for an emergency meeting this morning with several related agencies to discuss the case, said her aides.

Che Abdul Karim Che Abdul Hamid, 41, who works as a rubber scrap dealer in Gua Musang, had taken the 11-year-old girl as his third wife.

The solemnisation of the marriage took place in southern Thailand on June 18. 

Wan Azizah said the government would also be careful to protect the girl’s well-being, despite the ongoing investigation into the matter. 

“We will bring in medical professionals and counsellors to assist her in coping with this situation,” she said. 

She reiterated that as of today, authorities had yet to receive any documented evidence of the marriage having been conducted in Golok. 

“The onus is on the purported husband to prove the status of this union. Until he can produce such evidence, the authorities in Malaysia will treat them as unmarried individuals. 

“Since the girl concerned is a minor, their relationship will come under the purview of various laws on child protection,” she said. 

The legal marriageable ages for Muslim men and women in Malaysia are 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.

Wan Azizah said no such approval was ever sought and none was given to this couple. As such, this marriage is not valid under Malaysian federal and state laws. 

“In addition, Section 90 (C) of the Penal Code states that the consent of a child under 12 years old is not consent,” she added. 

The groom had defended his actions in marrying the young girl, who is a Thai national, saying that he was merely trying to “help” provide for her as her family were poor.

It was reported that the marriage took place without the consent of his first and second wives. He claims to have merely entered into a legal marriage akin to an engagement, and had not consummated the wedding.

The girl, who wanted to be known as Ayu, told media that the marriage was consensual, and that her husband had agreed to let her remain living with her parents for five years. – July 2, 2018.