THE federal government will incorporate stricter guidelines for underage marriage between Muslims into existing laws.
“We want to make the standard operating procedure (SOP) part of the law, where it becomes mandatory for courts to follow,” Minister in the Prime Minister’s Department Mujahid Yusof Rawa said in Temerloh today.
He said this followed the recent case in Tumpat, Kelantan, where a shariah court judge ignored the SOP set by his office on underage Muslim marriages.
“We have introduced the SOP and asked all states to follow it. So far, only Selangor and the Federal Territory are following it strictly,” said Mujahid.
“But in Tumpat, we found out that the judge did not follow the SOP and was lenient in granting permission for the marriage to take place (as poverty was a factor).”
In the case, a 44-year-old People’s Volunteer Corp (Rela) member took a 15-year-old as his bride in July.
The marriage was approved by the Kelantan shariah court, with the akad nikah (solemnisation of vows) ceremony taking place at Masjid Kg Laut in Tumpat.
The girl is the second wife of the father of two.
Mujahid said the SOP was clear about not giving permission if poverty was a factor.
“Granting permission based on poverty would lead to exploitation,” he said.
Mujahid said the federal government was ready to raise the minimum age for marriage for Muslim men and women to 18 and had begun round-table discussions with stakeholders.
However, he said that the federal government could only encourage other states to follow suit.
“I can table the SOP and minimum age amendments to the Islamic Family Law (FT) Act but other states need to do the same as Islamic law is under the jurisdiction of the state,” said Mujahid.
“At the end of the day, some, like those in Kelantan, will say that Islam permits marriage for those below 18 and that the federal government cannot enact laws to stop this.
“So, how do you explain this to these people?” – September 22, 2018.
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