MALAYSIA needs to amend sexual offences laws to decree that sex with children is a punishable crime with no exceptions, said rights activists, adding that simply raising the marriageable age is insufficient.

Dr Hartini Zainudin, a children’s rights activist and co-founder of crisis centre Yayasan Chow Kit, said as long as religious officials and political leaders have the right to approve child marriages, the welfare of minors will not be protected.

She said the move by the Selangor Islamic Religious Council (Mais) to raise the minimum marriageable age for female Muslims to 18 from 16 is a move in the right direction, but falls short of a proper solution.

“It’s a nice first step, but the move doesn’t resolve the problem of child marriages. I’m absolutely dismayed that no concrete decisions have been made,” she told The Malaysian Insight.

“Anything less than an outright ban is not good enough. Religious authorities and chief ministers still have discretionary powers to approve child marriages.”

She said the Sexual Offences Against Children Act 2017 (SOAS) or Penal Code should be amended to forbid sex between adults and minors in all situations, even in marriage.

She said such a move at the federal level would force state governments to follow suit.

The issue of child marriages caught the public’s attention after news broke of a 41-year-old Kelantanese man who took an 11-year-old Thai girl as his third wife.

The ceremony was held in Thailand on June 18, without the consent of the man’s first and second wives. The girl and her parents have claimed that the union is consensual.

“This case was an incredible opportunity to test SOAS. But we did nothing, apart from coming up with wishy-washy statements. We didn’t throw the book at an adult who displayed elements of grooming,” said Dr Hartini.

“That the authorities didn’t even bother to question the man, nor open an investigation, is appalling. I’m dismayed by the lack of action, and reluctance to protect the child. There were too many excuses.”

Sharmila Sekaran, chairman of rights group Voice of Children, said while Mais’ action is a “commendable initial move”, she is concerned that an avenue remains open for child marriages to take place.

“We need to ensure that all children, regardless of ethnicity, gender or religion, have the same protection in law and in practice. There is nothing that supports child marriages. There is no benefit to them at all.”

She urged Selangor MPs to push for an amendment to the Islamic Family Law (State Of Selangor) Enactment 2003, particularly Part 8, which allows for shariah judges to grant permission for minors to wed.

She said all avenues that enable marriages involving those below 18 must be done away with.

“All this goes to what we value most. Are we about legalising sex, or do we want to build strong and secure families, the bedrock of any community?” – August 1, 2018.