Islamic Family Law Enactment Bill 2022 raises the minimum age for marriage for girls and punishment for polygamy without permission.
Malaysia’s Kedah state has moved the minimum legal age of marriage from 16 to 18. This decision of Kedah ensures that Muslim girls will attain the minimum maturity age before starting married life.
The bill was passed on July 18, 2022, during the state legislative assembly session at Wisma Darul Aman in Alor Setar. Muhammad Sanusi Md Nor tabled the revision of this bill.
However, if a person voluntarily seeks marriage below the age of 18, they are free to do so after the granted permission from the Islamic court.
Islamic Family Law (Kedah Darul Aman) (Amendment) Enactment Bill 2022 also contains laws governing polygamy along with the new law change on age limit.
Juhari Bulat, the state assembly speaker announced that polygamy marriage without prior permission from the Islamic court is subjected to one year in jail or a fine of RM 3,000.
Previously, the punishment was six months in jail or a fine of RM 1,000.
“If you still want to get married due to problems, you can apply through the court. the court finds that the candidate should be allowed (to get married) even if she is 16 years old, she can with the court’s permission. If it’s without the court’s permission, there will be a fine,” said Juhari.
Muslims must be 18 years old for marriage for males and 16 years old for girls in accordance with the Islamic family law of the respective states. The only historical exception was the state of Selangor, which changed the marriage age to 18 for both men and women in 2018.
The topic of underage marriage has caused controversy in the country, with supporters calling for a minimum age of 18 and arguing that young marriage robs women of their options and risks those concerned with medical conditions.
In Malaysia, there is a separate legal system for Muslims and non-Muslims, and Islamic marriage falls within state concerns as it is allowed by the federal constitution.
According to government records, there were a lot of applications for underage marriage in numerous areas of the country in 2020, notably the state of Sarawak in northern Borneo, which recorded 183 cases.
The rise in the minimum age for marriage in Muslim girls is one step further, but it cannot be considered a leap. Considering girls can still get married at the age of 16 with permission from the court and it restricts the growth potential they carry.
The statics have proved that most girls who get married off at the age of 16-year-old experience extreme exhaustion and post-partum depression. No girl below the age of 18-year-old is mature enough to carry the responsibilities of marriage.
Teen marriage can also lead to a massive power imbalance if the man is more than five years old than the girl. Most married teens are stripped from their multipotentiality and opportunities.
Moreover, child marriages in Malaysia experienced a significant rise during the 2020 pandemic as parents opted for marriage as an easier way to fend off financial pressures.
Between January 2020 and September 2020, Malaysia registered 543 child marriages, including requests for such unions. According to the Ministry for Women, Family, and Community Development, Sarawak had the highest numbers.
According to experts, child weddings have increased globally as a result of families marrying off their girls to relieve financial difficulties.
Owing to the complexity of the problem, the attempts to eradicate underage marriages would necessitate collaboration across numerous government agencies, including those in charge of social welfare, health, and education.
