SIS takes Mujahid to task over child marriages

Women's group Sisters in Islam (SIS) urged the Minister in the Prime Minister's Department, Mujahid Yusof Rawa to standardise and coordinate the syariah laws nationwide in regard to child marriage.

SIS communications manager Majidah Hashim said she was dumbfounded by the government's slow progress in tackling the child marriage issue due to states having their own jurisdiction in syariah matters.

"They (the government) said the problem is that the issue is localised - each state has to amend its respective law, so the government couldn't do much.

"But I think they can because Mujahid has been working with states to standardise the syariah criminal enactment nationwide.

"So if he is able to bring them together and have a nationwide agreement, why can't they do the same for the child marriage issue?" she told Malaysiakini when met at Petaling Jaya today.

Last month, Mujahid (above) said the standardisation and coordination of syariah laws nationwide are expected at the end of next year, with a 40 percent progress having been achieved in the effort.

Malaysiakini has contacted Mujahid for comment.

SIS (Advocacy, Legal Services & Research) programme manager Shareena Sheriff said the government is slow in tackling the issue despite it being in the Pakatan Harapan's manifesto for the 14th general election.

"As long as the amendment (of the law) is not there, children will continue to get married," she said.

Shareena also urged the government to reveal what is in the stricter standard operating procedure (SOP) involving child marriages which would be used by the syariah court judges in considering child marriage applications.

In March, Deputy Minister in the Prime Minister’s Department Fuziah Salleh (above) said the government will propose a stricter SOP, and for the cases to be heard before Syariah High Court judges.

Currently, the applications are heard before Syariah lower court judges.

However, Fuziah admitted that it would be challenging to implement the proposal as a new law as the syariah courts were under the purview of the states’ religious council.

"What we don't know is to what extent the judges follow the current SOP? Do they have to tick off every criteria 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," Shareena said.

Malaysiakini has contacted Fuziah to comment.

Shareena stressed that the government has to find out the motivation behind the marriage so relevant parties are able to intervene.

"Where do we put the intervention if we don't know why they are getting married? If the issue is wrong mentality, perhaps we could talk to community leaders who could then advise the parents."

Majidah said all children, regardless of their religion, are at risk in a child marriage.

"They deserve to be protected from the possibility of child marriage. Whatever law there is, needs to cover them - boy or girls, Muslims or non-Muslims," she said.

Majidah highlighted that one of the popular reasons parents let their daughters tie the knot is due to financial constraints in taking care of the family.

"Some parents claim they can't afford to take care of the children, so they let go some for marriage.

"Marriage is not a solution to get out of poverty. It perpetuates poverty..because if anything happened, the girl can't fend for herself."

The Welfare Department, in its statistics, show that between 2007 and 2017, nearly 15,000 child marriages took place.

These consisted of 10,000 cases involving Muslims, and 4,999 cases involving non-Muslims. - Mkini