KOTA BARU: The couple whose union attracted vast criticism due to the glaring age difference between the husband and the wife, have been ordered to present themselves before the Syariah Court.
This is to enable the court to verify the validity of the marriage between the 41-year-old man and 11-year-old girl, since it took place in a neighbouring country, said Kelantan Mufti Datuk Mohamad Shukri Mohamad.
He said only the Syariah Court had the jurisdiction to decide on this in accordance with existing provisions.
"In terms of Islamic law, if there is consent from the guardian (of the child), then there is no problem, however an underage child must also obtain the permission of the (Syariah) court.
"The rules are in place to ensure those who are of minor age are cared for. If it is inappropriate then the court would not give permission,” he said.
He added that the Syariah Court would have to check whether the marriage, allegedly conducted in Southern Thailand, had followed proper standard operating procedures (SOP) in matters such as guardianship and whether they were married by a person qualified to do so.
"Among the steps taken is to refer to those in Thailand to verify this," he said when contacted today.
Asked on the man’s promise who assured that they would only begin their married life when the girl reaches 16, Mohamad said the matter was up to the respective individuals.
“It is a promise, if he breaks it then he has not adhered to it (the promise).
“However from the Islamic law point of view, their marriage is valid and they can stay together.
“The question is whether their marriage status is valid or not. This needs to be referred to and reviewed by the court,” he said.
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