What does RM500 say about how we see child marriage?
Those exercising authority must look beyond a proposal’s immediate benefit and examine the damage it could create.
The case of a 41-year-old Malaysian man marrying a 11-year-old Thai girl has sparked outrage in Malaysia, prompting the government to consider raising the minimum marriage age for girls from 16 to 18. However, Malaysia still lacks a uniform law establishing 18 as the minimum marriage age for everyone without exception. Now, Perak is contemplating a RM500 incentive for youths aged between 15 and 35 to marry, with the proposal expected to be brought to the state executive council for consideration in the 2027 budget.
The age range was reportedly chosen because the Youth Development and Sports Act 2007 defines "youth" as beginning at 15. The issue raises questions about the appropriateness of applying a definition used for youth development to marriage, especially for minors. At 15, a person may be called a youth in various contexts, but they are still legally considered a child under the Child Act 2001.
Marriage carries lifelong legal, emotional, physical, and financial responsibilities that a 15-year-old may not be equipped to handle, especially when it comes to education, career prospects, and personal development. The concept of "sakinah, mawaddah, and rahmah" in Islam, which implies tranquility, love, and mercy in a marriage, requires maturity, compassion, responsibility, and the capacity to understand and fulfill another person's rights.
A 15-year-old may not possess these qualities, and forcing a marriage upon them without proper consideration of the potential harm may not align with Islamic values. The proposed incentive aims to reduce the cost of starting married life, but the potential harm, such as interrupted education, early pregnancy, financial dependence, isolation, and abuse, far outweighs any short-term benefits.
The government must conduct a thorough child rights impact assessment before implementing such policies affecting minors. Section 8 of the Islamic Family Law Enactment (Perak) 2004 allows marriage below the minimum age with the written permission of a shariah judge. However, this does not guarantee the protection and well-being of a minor.
A child remains a child, regardless of the state or province they reside in, and their protection should not depend on their gender, religion, or location. The Perak proposal should remove anyone below 18 from the incentive, and Malaysia should set 18 as the minimum marriage age universally.
Written by urgent.news from Free Malaysia Today's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
