Child marriages. It does not mean both parties must be children. It is sufficient that only one party is a child and in practice, usually the bride is a child. I read in The Star today about the wedding of a 14-year-old girl to a school teacher who is 23-year-old.
This is not a conflicting decision between Syariah Court and Civil Court. It is the issue of policy and the power of Syariah Court.
I take a view on the very existence laws. Muslims are subjected to the Syariah Law and Syariah Court. The Syariah Court is properly governed by Article 122A of Federal Constitution.
In the situation above the consent of Syariah Court is been obtained. That means we should be confidence with our Syariah Judges - they must have taken into accounts all circumstances before granting the consent.
Such consent, I believe, had been granted on the confidence of the judges that the man can take of the girl and the girl could grow up well under the care of that man. If the judge doubted it, such consent will be not be granted.
Thus, I submit that in the issue of the marriage of Muslim girls under the age of 16, lets the Syariah Courts do their work. They know when to grant the consent and when not to grant the consent.
But I am of the view that open discussion is still required between the Government and the Syariah experts to deal with this issue. The most important thing, never make it politically.
Let it be an academic discussion and the end result should be for the benefits of the nation as a whole as we stand on the spirit of 1 MALAYSIA.
Peace!
This is not a conflicting decision between Syariah Court and Civil Court. It is the issue of policy and the power of Syariah Court.
Shahrizat said the ministry’s policy was that children below 16 years were still in need of guidance, protection and the chance to form their own character.
. . . Minister in the Prime Minister’s Department Datuk Seri Jamil Khir Baharom, who was the event’s guest-of-honour, was reported to have said the marriage was legal as it had the Syariah Court’s consent.
Currently, Muslim girls below the age of 16 can marry with the Syariah Court’s consent while non-Muslim girls between 16 and 18 years old can marry with the authorisation of the Mentri Besar or Chief Minister.
I take a view on the very existence laws. Muslims are subjected to the Syariah Law and Syariah Court. The Syariah Court is properly governed by Article 122A of Federal Constitution.
In the situation above the consent of Syariah Court is been obtained. That means we should be confidence with our Syariah Judges - they must have taken into accounts all circumstances before granting the consent.
Such consent, I believe, had been granted on the confidence of the judges that the man can take of the girl and the girl could grow up well under the care of that man. If the judge doubted it, such consent will be not be granted.
Thus, I submit that in the issue of the marriage of Muslim girls under the age of 16, lets the Syariah Courts do their work. They know when to grant the consent and when not to grant the consent.
But I am of the view that open discussion is still required between the Government and the Syariah experts to deal with this issue. The most important thing, never make it politically.
Let it be an academic discussion and the end result should be for the benefits of the nation as a whole as we stand on the spirit of 1 MALAYSIA.
Peace!
Underage Marriage In Malaysia
![Underage Marriage In Malaysia]()
Reviewed by faizalnizam
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December 06, 2010
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'they must have taken into accounts all circumstances before granting the consent.'
ReplyDeleteI'm agree with you..
kalau ikutkan pandangan mazhab, umur berkahwin tu berbeza..jadi ia mungkin jadi sesuatu yg dipertimbangkan juga barangkali
They know when to grant the consent and when not to grant the consent.
ReplyDeleteare you sure they know? can u tell in what situation the court can deny consent for marriage?
@anonymous
ReplyDeleteit seems that u don't have a confidence to appear as anonymous.
as stated above, it based on circumstances. judge will consider all factors. here come the discretionary power of the judge. if the man has a bad background, the court may refuse to grant an underage marriage.
bear in mind anonymous, here we are talking about underage marriage not an ordinary marriage where both parties are of the age of majority.