Sarawak roundtable fails to agree on ‘marriageable age’ under native customary law

 Native groups, however, agree that consenting teens who become pregnant should be supported, not punished.

Some ethnic groups at the roundtable proposed a minimum ‘marriageable age’ of 18 for girls and 21 for boys, others suggested 16 for girls and 18 for boys, while some did not specify any age, resulting in a lack of consensus.

PETALING JAYA:

 A Sarawak roundtable involving native leaders, women and youths has failed to reach a consensus on a specific “marriageable age” under native customary laws, reflecting differing cultural views across ethnic communities, says a state NGO.

However, participants strongly agreed that when pregnancy outside marriage occurred between consenting teenagers, both parties should be provided with support instead of being punished, according to a report by the Sarawak Women for Women Society (SWWS).

The society said views differed among ethnic groups, with some proposing a minimum marriageable age of 18 for girls and 21 for boys, others suggesting 16 for girls and 18 for boys, while some did not specify any age, resulting in a lack of consensus.

The findings are based on 18 months of discussions facilitated by SWWS across five locations in Sarawak, involving nearly 300 participants – including native leaders, women, and youths – from 12 ethnic groups.

The discussions focused on reconciling traditional values with modern realities, particularly concerns surrounding early marriage, teen pregnancy, education, and long-term socio-economic outcomes.

SWWS said there was broad agreement that today’s youths needed to stay in school longer and attain financial and emotional stability before starting families, given changing social and economic demands.

Participants observed that early marriage is now most commonly driven by unplanned pregnancies rather than poverty, with such marriages often seen as a way to remove stigma and avoid prosecution.

However, this frequently results in early divorce, with grandparents assuming childcare responsibilities.

To address these challenges, participants recommended improved access to sexual and reproductive health education, alongside safe and non-judgmental spaces for young people to discuss personal issues.

They also stressed the need to strengthen parenting skills, noting a widening communication gap between parents and youths, influenced by social media, digital exposure, and changing social norms.

At the roundtable, where the report was launched, representatives from the native court, Majlis Adat Istiadat Sarawak, state agencies, and the Sarawak premier’s office agreed that more should be done to raise awareness about delaying marriage and childbirth until couples were better prepared.

The report also calls for legal flexibility in handling cases involving consenting teen relationships, ensuring that safeguards against exploitation remain in place while avoiding unnecessary criminalisation. - FMT