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Child marriages spark health and legal concerns

KUALA LUMPUR: The growing number of child marriages in Malaysia is raising significant concern, as many of those involved are far too young to handle the responsibilities of married life.

According to a Utusan Malaysia report, although these marriages may be approved by parents or guardians, the individuals are not physically or mentally mature enough to manage a household.

The situation becomes even more dangerous when these young individuals become pregnant, as adolescents are at a higher risk of health complications, which could even lead to the death of the unborn child.

The report said statistics from the Health Ministry revealed that over 26,617 children and adolescents aged 10 to 19 were recorded as married and pregnant between 2019 and last year.

Some 17,646 pregnancies occurred outside of marriage, bringing the total number of young people who experienced pregnancy to 44,263.

Sarawak recorded the highest number of teenage pregnancies, with 9,258 cases, followed by Sabah (6,871), Pahang (3,993), Johor (3,774), Selangor (3,640), Perak (3,373), and Kelantan (3,285).

The Islamic Family Law stipulates that the minimum marriage age is 18 for males and 16 for females.

However, marriage under these ages can still occur with written permission from a Syariah judge in certain circumstances.

A representative from the non-governmental organisation Students Not Brides, Zharin Zafrael, highlighted that children's rights, particularly their right to education, must be protected.

He warned that child marriage risks normalising criminal offences like rape.

"There have been cases where a man who rapes a child can escape prosecution and punishment simply by marrying the victim,"  he said.

Women, Family, and Community Development Minister Datuk Seri Nancy Shukri recently stated that while the Federal Government can urge for an end to child marriages, the authority to amend the laws lies with state governments.

So far, only Kedah and Selangor have taken steps to amend their state constitutions to address this issue.

Under the Penal Code, sexual offences can result in imprisonment ranging from two to 30 years, while the Sexual Offences Against Children Act 2017 mandates a maximum sentence of 20 years in prison and caning for child sexual assault.

Furthermore, communicating with children about sexual matters outside of medical or educational contexts is also considered a crime.

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