KUALA LUMPUR: Muftis nationwide have differed in their views on the Federal Government's proposal to raise the minimum age of marriage to 18 years.
Some muftis are agreeable with the proposal in the hope that it will protect the welfare of children from becoming victims of exploitation
However, there also views that such a move would be contrary to ‘hukum syarak’ (Syariah laws) and invites the risk of adultery.
Federal Territories Mufti, Datuk Seri Dr Zulkifli Mohamad Al-Bakri is of the view that the minimum age of marriage is included in the ‘Taqyid al-Mubah’ (tying something permissible with something beneficial).
He adds that it amounts to a matter of fairness to uphold justice and not to prohibit what is justified.
"The government needs to formulate a law that celebrates ‘Maqasid Syariah’.
“Hence, looking at ‘uruf’ (knowledge) and custom, it is not permissible for an underage marriage, with the exception of certain cases. What has taken place are isolated cases (as reported) we regard them as being rare,” he," he told NSTP.
Kelantan Mufti, Datuk Mohamad Shukri Mohamad said if society considers it necessary to increase the marriage age limit to 18 years of someone who had attained knowledge, it can still be adopted by Islam.
"If, we feel the need for amendments (on marriage age limit), recommend to the state government. We have no problem, because both (the age of puberty and the age limit of 18 years) is allowed by Islam," he said.
Penang Mufti, Datuk Seri Dr Wan Salim Wan Mohd Noor and Negri Sembilan’s Mufti, Datuk Mohd Yusof Ahmad are of the view that the proposal is appropriate, if there is a need to curb the exploitation of children.
Wan Salim said Islamic religious figures are of the view that marriage is permissible when an individual reaches puberty but it is not mandatory and must be implemented.
As such, he said the authorities are allowed to make a resolution or a decision to ensure the interests of children are protected.
For Yusof, the suggestion to increase the marriage age limit could protect the welfare of children who may be the victim of family-arranged marriages.
"There are families who pledge their children for a debt, which sees the child ending up in a marriage with the creditor. This has actually taken place,” he said.
Pahang Mufti, Datuk Seri Dr Abdul Rahman Osman however is against the proposal.
He questioned the situation where an underage girl finds herself pregnant after going overboard.
“If the underage girl and her partner are in an adulterous affair and she ends up pregnant, the most appropriate way is to get hitched after obtaining the Syariah Court’s permission.
“However, if the law is amended to increase marriageble age to 18-years, by the time she reaches that age, she would have given birth,” he said.
Perak Mufti, Tan Sri Harussani Zakaria was also against the proposal, as it went against ‘hukum syarak’ and could open the door for adulterous affair among teens.
“Why do you need to restrict, this would increase existing social ills. Under ‘syarak’, those who had reached puberty are allowed to get married. Girls who had reached the age of 14 have usually reached puberty.
“However, I am also not agreeable if the girl is too-young (for marriage) and marry someone who is far older,” he said.
Sabah Mufti, Datuk Bungsu @ Aziz Jaafar is of the view that the most important aspect is a need to tighten the existing standard operating procedure on marriage involving underage children.
“In fact, I propose that the age limit is reduced 14-years for woman and 16-years-old for man. Those below that age should seek special permission from the Syariah Court (to get married).
“Why the need to get them married at such a young age ?
“Children mature at an early age and are exposed to sexual matters much more earlier. As such it is better to regulate and allow for marriage to take place at a young age,” he said.