PUTRAJAYA: Syariah procedures for approving underage marriages will be reviewed to ensure fairness to all parties involved.
Minister in the Prime Minister’s Department Datuk Dr Mujahid Yusof Rawa said it was clear under Syariah law that the minimum age for male was 18 and female, 16, and that clear consent was needed for those under the stipulated ages.
Commenting on the recent controversial marriage between a 41-year-old man and an 11-year-old girl, Mujahid said the review would be carried out to avoid future violations of the law as outlined by the Islamic Family Law Enactment.
The enactment, which is enforced in all states, says that those under the legal minimum age would only be permitted to marry with consent from both the Syariah court and the bride’s and groom’s parents.
Mujahid said there was also a question of whether the parents and child were willing or coerced into allowing the marriage to take place.
“It is an issue which stems from matters relating to obtaining approval from the parents and prospective bride, to allow underage marriages,” he told a press conference today.
“In that particular case (in Kelantan), it is obvious that the law was violated since the bride is 11 and she is not Malaysian, but Thai.
“(However) we have yet to decide on (setting a new minimum) age.”
His deputy, Fuziah Salleh, contended that despite a provision under the same law, children under the age of 16 were not fit for marriage due various factors, including immaturity.
Deputy Prime Minister Datuk Seri Dr Wan Azizah Wan Ismail had proposed that the minimum age for marriage for Muslim brides to be raised to 18.