Malaysia doesn't plan to ban child marriage anytime soon. Here's why.

Moving beyond legislative measures, apparently.

March 23, 2022

Malaysia doesn't plan to ban child marriage anytime soon. Here's why.

The Malaysian government currently doesn't have any plans to impose an outright ban on child marriage in the country, according to the Women, Family, and Community Development Ministry, headed by Rina Harun.

However, this doesn't mean that the government won't be doing anything to address the issue. They're choosing to take a different approach, beyond legislative measures. But this move (or lack thereof) has attracted flak from human rights entities, as well as the Opposition.

Other means to tackle the issue, apparently.

IMAGE: Free Malaysia Today

“This is because the causes of underage marriage need to be addressed not only through legislative change, but also through education, advocacy, health, the strengthening of family institutions, as well as socioeconomic support for the public," the ministry said in a parliamentary reply to Permatang Pauh Member of Parliament (MP) Nurul Izzah Anwar.

The ministry referred to the proposed implementation of specialized programs within the National Strategic Plan for Addressing the Causes of Underage Marriage.

“At the same time, the Steering Committee that has been established will continue to monitor implementation and development of the designed program."

Islamic Affairs Minister Idris Ahmad. IMAGE: Bernama / Malay Mail

Nurul Izzah also asked the ministry for a status update regarding discussions with Islamic Religious Councils across the country, since the minimum age for Muslim marriages is decided by each individual state.

But it isn't hard to imagine how those discussions will go. Back in December 2021, Islamic Affairs Minister Idris Ahmad gave a statement saying that the Malaysian Islamic Development Department (JAKIM) didn't see a need to raise the legal marrying age for Muslims to 18, since most states rejected the proposition anyway.

"Enough with the excuses."

Women, Family, and Community Development Minister Rina Harun. IMAGE: Bernama / New Straits Times

Following the revelation that the Women's Ministry didn't intend to ban child marriage in the country, eight MPs and a senator – including former Women, Family, and Community Development Minister Wan Azizah Wan Ismail – released a joint statement calling the current stance a contradiction to efforts run by the Pakatan Harapan administration previously in power.

“Efforts to protect and curb the exploitation of children need to start with legislative reforms that have already begun in two states — with the readiness of five more," the joint statement reads. "Enough with the excuses and foiling past efforts."

The MPs also argued that the previous roadmap laid out by Wan Azizah already provided the necessary steps to address the problem of underage marriage, including amendments to the law.

“Furthermore, the National Strategic Plan initiated by Dr Wan Azizah integrated concrete action to amend the law to address the problem of underage marriage. The plan contained action programs involving 61 agencies at the federal and state levels. The strategic blueprint covers Islamic family law, marriage, and state customs, which fall under state jurisdiction in the Federal Constitution, through draft amendments to the Islamic Family Law Act 1984 (Act 303) which seeks to set the minimum age of marriage for women to 18 years,” the statement reads.

IMAGE: UNICEF Malaysia

They urged the ministry to continue previous efforts and consult with the seven states that haven't yet agreed to amend their Muslim marriage laws, consisting of Sarawak, Pahang, Terengganu, Perlis, Negeri Sembilan, Kedah, and Kelantan.

This back-and-forth might look like a shot in the dark for the rights of children, but statistics don't lie. UNICEF Malaysia observed an uptick in child marriages in the country during the COVID-19 pandemic.

But at the same time, if the government properly executes whatever plans they may have to address the issue of child marriage, that's also a win.