Rights Groups Call for End to Child Marriage in Malaysia

The issue of child marriage is again making news in Malaysia, after a court sentenced a man to 12 years' jail for raping a 12-year-old and then marrying her.

The District court in eastern Sabah state ruled that while the marriage was valid, the man had committed rape.

The father-of-four said in mitigation last year that he had married the girl, after committing the offence.

Rights groups in Malaysia say they want child marriage banned altogether.

Sen Lam Radio Australia talked to Suri Kempe, program manager with Sisters in Islam Malaysia.

“Unfortunately child marriage is surprisingly a growing problem in Malaysia. I mean there's at least one case in the media a year that makes headlines. So the case you mentioned earlier of the 13-year old who was raped by a 40-year old man.”

“And then before that, there was another big case that made the headlines where a 12-year old married a 19-year old, and when she was divorced by her husband a year later, her father claimed that he'd allowed the marriage because she was gang-raped by her current husband and two friends. When the father lodged a police report the boy's parents allegedly met the girls' father and begged him to withdraw the report, and offered marriage as a solution instead.”

Q. So these are the cases that have been featured in Malaysian media, but generally though is child marriage common practice in Malaysia?

“The 2000 Population and Housing census showed that there about six-thousand-800 girls under the age of 15 who are married then. And then in 2010, so that's about ten years later, according to a statement made by the-then deputy Women, Family and Community Development Minister, about 16-thousand girls aged below 15 in the country were already married.”

“So you see it's a growing problem, and while we like to think it's a sort of isolated case, I think there's actually more to it than we'd like to let on. And it's surprising too because in terms of characteristics, of what happens, because much to our surprise it happens both in urban and rural areas, and unsurprisingly, it's also a class issue that feeds into it. So predominantly it occurs among those from lower-income families.”

Q. And my understanding is that girls under the age of 16, Muslim girls, can get permission from the Syariah courts. So there is some form of regulation?

“Yes there is some sort of regulation, but to be clear it happens among both Muslim and non-Muslims in the country, although predominantly among Muslims now.”

“Yes, in the Syariah courts in the case of Muslims, the Syariah court does grant permission, in order to get married. To go for these marriages you have to put in a marriage application to the Syariah court, and the Syariah court will then decide on whether or not to approve this marriage application.”

“For non-Muslims they have to get permission from the Chief Minister or according to customary laws in Sabah and Sarawak, east Malaysia, they require permission from the Long House Chief, which really isn't that hard to get.”

Q. What are some of the arguments used in the Syariah court for marrying outside of the age of consent?

“Well that's the thing, in the Syariah court there really isn't a set standard, which is really the problem, because when the marriage application is submitted, it's often on the pretext of the children probably having had sex or where the girl is pregnant and in order to save face for the family, the parents want to get their children married off. But this isn't the case where both the individuals involved are probably minors or the boy might be in his late teens and early twenties.”

Q. Just very briefly, Suri what would you like the authorities to do, particularly in the courts?

“What we really want for the authorities to increase the minimum age of marriage to 18, that's what we've been calling for, as I say the women's groups have been calling for in Malaysia.”