IN July 2019, Pakatan Harapan achieved a remarkable legislative victory in lowering the country’s voting age from 21 to the ripe age of 18. In this way, the mark of adulthood has been rigorously debated and defined, affecting four million youths in the process.
Sentiments of political cooperation were celebrated. For the first time Malaysia achieved bipartisanship as a total of 211 of 222 MPs voted for the amendment. This triumph indicates that all parties agreed that any individual at the age of 18, and notably not any younger, is entitled to the power and freedom of choice over their lives.
More importantly, it was unanimously decided that this was the age at which an individual acquires the moral responsibility in electing the nation’s leaders and, ultimately, deciding the future progress of the nation for his or her benefit.
By this logic, it seems questionable that discussions have been stifled on the issue of child marriages, namely for girls aged 16 and below. Indeed, such consensus begins to fracture when this contentious issue is brought to light. Certain voices appear quelled and the benchmark for adulthood and its significance is applied arbitrarily to some. The importance of marriage, especially in the psychological impact it has on girls, must not be forgotten or ignored.
Further, the weight of divorce in families and communities across Malaysia also makes for a compelling factor in addressing the issue of child marriages. It makes sense then that maturity should be a more serious determining factor for the legitimacy and longevity of any marriage.
However, certain laws have negated such values and instead have allowed for exploitation of those left vulnerable. Malaysia practises a dual-system of law which caters for Muslims under Syariah law and non-Muslims under civil law.
Although the legal minimum age for marriage under civil law is 18, section 10 of the Law Reform (Marriage and Divorce) Act provides that girls can marry at 16 with the permission of their state’s chief minister.
Similarly, under Islamic Family Law an exception is made for girls to be married below the threshold of 16, with the permission of the Syariah judge “in certain circumstances”.
Arguably, the ambiguity of such laws has given room for a number of high-profile cases. This includes the notorious marriage of an 11-year-old to a 41-year-old who took the former as his third wife.
What is more, according to findings by the Women, Family and Community Development Ministry, 14,999 underage marriages took place between 2007 and 2017. The sheer number of children involved should, therefore, be a concern.
A notable trend in cases of underage marriages is that it occurs more often in rural areas of the country such as Sarawak, Sabah and Kelantan. Socio-economic factors are arguably the root of the problem as children who were at a higher risk came from a low-income household, which negatively trajected into the educational life of the child. More often than not, parents often feel the burden of economic pressures and so at times agree to marry off their children in exchange for financial support.
There are several pillars that lie behind this issue that requires a nationwide effort to deconstruct. A considerable one is that of educational reforms and the fact that employment opportunities need to be further strengthened in these rural communities.
Setting up community-based education centres is a worthwhile idea to explore. These centres could focus on creating awareness and providing advice for children including personal development, education, employment opportunities, programmes, internships and scholarships.
There is also a need to highlight the importance of sports and activities in contributing towards the development of a child, allowing them to engage with aspects of their physical and mental intellect that cannot otherwise be found through education. Additionally, families and communities may reap the values from an increased sense of teamwork and support.
While educational and constitutional reforms are essential, the part of parents and the role of the family and communities are also important given the stigma which surrounds this issue. This is necessary in showing that marriage is not the only solution available for children and that there are other pathways available.
Boundaries must be made clearer to ensure adequate protection is accorded to these children. This begins with the need to standardise the age of adulthood. With the government and the opposition recognising the distinct age of 18 as a defining age of maturity for the electorate, perhaps attention should now be focused on tackling the issue of child marriages.
While the issue should not strictly fall soleLy on the shoulders of our leaders, their contribution to this effort can be immense.
The writer, a researcher at the Social Policy and National Integration, Institute of Strategic and International Studies (ISIS) Malaysia, is the daughter of Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah.