Stricter guidelines for Muslim child marriage are in force - Fuziah

Stricter guidelines for marriages involving Muslim children have been in force since October last year, said Deputy Minister in the Prime Minister's Department Fuziah Salleh (photo, above).

Fuziah said a circular dated Oct 15 last year was sent to the respective states’ Syariah chief judge.

"I had emphasised to the respective state Syariah chief judge about the guideline during a meeting last year," she told Malaysiakini.

Fuziah was asked for an update on the guidelines after women's group Sisters in Islam criticised the government's slow progress in standardising Syariah law in all states with regard to child marriage.

SIS programme manager for advocacy, legal services and research Shareena Sheriff had said as long as regulations concerning child marriage is not made into law in the respective states' enactment, the problem will persist.

She had also raised concerns about the effectiveness of the stricter guidelines.

"What we don't know is to what extent the judges follow the current SOP? Do they have to tick off every criterion in the SOP?

"It's understandable that the judge would give discretion, but if it is strictly followed, we don't think that the level of child marriage will continue to rise. Our research has shown that the approval was very easy to get," the SIS activists had said.

Fuziah acknowledged the challenges as the federal government is unable to act against non-compliance since Syariah law falls under state jurisdiction but believes that the states have thus far been following the guidelines.

"So far, I understand that they have been complying," she said.

Elaborating on the guidelines, Fuziah said it outlines the standard operating procedure for application to marry an underage person, who is qualified, grounds of application and family background of both sides.

She added the guidelines also look into the capability, education, health and suitability (sekufu).

"We don't want a situation where parents marry off their children due to poverty," she said.

She said Syariah court judges are asked to refer to the guidelines when deciding on such applications. - Mkini