Ex-judge: 13-year-old girl’s marriage may be invalid

Kelantan youth, 19, and Terengganu girl, 13, said to have had their marriage solemnised by a kadi in southern Thailand last month, in the second case of an underaged girl being married.

PETALING JAYA: A former shariah judge has cast doubt over the validity of a marriage of a teenage couple in Kelantan, where the bride was reported to be only 13 years old.

Ismail Yahya said either the 19-year-old boy or the girl, who is underaged, must obtain permission from a state shariah judge before they can proceed to the akad nikah (solemnisation ceremony).

However, a news report said this couple had their marriage solemnised in Thailand. The Kelantan Islamic Religious Department said it had not received any report of the marriage.

It is the second reported marriage of a young girl recently.

In June, a 41-year-old Kelantan rubber tapper with two wives married an 11-year-old Thai girl in a ceremony solemnised in southern Thailand. He was later fined by the shariah court for carrying out an unauthorised marriage and unapproved polygamy.

Last month, a 19-year-old youth, from Terengganu and his 13-year-old bride, from Kelantan, were reportedly married by a kadi in Kampung Pulau Nibong, southern Thailand.

According to a news report, the kadi, Ibrahim Husin, had said he performed the nikah ceremony after the couple came to him with two witnesses and a wali (guardian), who was the bride’s uncle.

He said the uncle told him his niece wanted to marry and the uncle said he was willing to give her hand in marriage. “I asked for all the relevant documents and, seeing that everything was in order, I performed the akad nikah for them at Al-Uluwi-ah Mosque on June 20,” Ibrahim was reported to have said.

He told the teenage couple to register their marriage with the Thai and Malaysia religious authorities but could not confirm if they had done so, as his task was over after having soleminised the union.

Former shariah judge Ismail said underage marriages without written consent from shariah judges would be deemed illegal.

Shariah judges must interview the child bride or groom before giving approval. “If there is no consent (from the court), everything and everyone involved is wrong,” he said.

Kelantan state executive councillor Mumtaz Mat Nawi said that girls should not be exposed to problems of marriage at a young age.

“Illegal marriages will bring various problems to their physical and mental health. We also worry about sexual relationships between children which will effecting their minds,” said Mumtaz, who has responsibility for women, family development and welfare affairs.

Mumtaz said the teenager couple may face action under state law if the marriage was invalid. “We do not know if they went through it properly or not, she said.

A Kelantan Islamic Religious Department officer said the department had not received any report on the teenaged couple.

The Kelantanese man who took an 11-year-old girl as his third wife said he received the blessings of the girl’s parents. He said he would apply for a marriage certificate after five years, when the girl turns 16, the marital age under shariah law.

The girl is reported to be living with her parents. -FMT