The roiling issue of child marriage is being swept under the carpet and being used as a "solution" to teenage pregnancy, according to a participant at a discussion on child marriage and statutory rape held last night.
At the event hosted by the NGOs Sisters in Islam (SIS) and Women's Aid Organisation (WAO), he pointed out that the census data for the year 2000 reported 6,800 girls below 15 years old as married, with Selangor, Penang, Malacca, Johor and Kedah being the top five states in descending order.
However, for the year 2010, the latest census data, the marital status of those below 15 has completely escaped the official radar screen, the participant said in the free-for-all session where it was left to the individual speaker to identify himself or herself.
"So suddenly it seems such marriages don't exist in Malaysia, at least for those below 15, yet we know for a fact that these girls are getting married off," he said.
He charged that the heads of the state governments and syariah judges were not doing their job of protecting the girls, instead facilitated such unions, believing that be it a better alternative to premarital sex (zina).
"Teenage pregnancy is one problem. It is very, very high. Do you know one way for them to ‘make it good'? Marry them off.
"So if they are not married, it is a problem. However, if they are married while still 14 or 15 years old and pregnant, it is okay.
At the event hosted by the NGOs Sisters in Islam (SIS) and Women's Aid Organisation (WAO), he pointed out that the census data for the year 2000 reported 6,800 girls below 15 years old as married, with Selangor, Penang, Malacca, Johor and Kedah being the top five states in descending order.
However, for the year 2010, the latest census data, the marital status of those below 15 has completely escaped the official radar screen, the participant said in the free-for-all session where it was left to the individual speaker to identify himself or herself.
"So suddenly it seems such marriages don't exist in Malaysia, at least for those below 15, yet we know for a fact that these girls are getting married off," he said.
He charged that the heads of the state governments and syariah judges were not doing their job of protecting the girls, instead facilitated such unions, believing that be it a better alternative to premarital sex (zina).
"Teenage pregnancy is one problem. It is very, very high. Do you know one way for them to ‘make it good'? Marry them off.
"So if they are not married, it is a problem. However, if they are married while still 14 or 15 years old and pregnant, it is okay.
"Why? Married," he said, while pointing out that pregnancy at an early age can be harmful to a girl's reproductive health.
Easy way out policy
The event's moderator Suri Kempe (left) chipped in, pointing to a programme introduced by Malacca government to illustrate the point.
She said that in efforts to curb baby dumping, the state has set up schools for pregnant teens and also encouraged them to get married.
"So for every underaged teen that wanted to get married, they have actually said, ‘Never mind. If the parents will not consent, the state will. On top of that, they'll give RM500 for the wedding.'" she said.
Earlier during the discussion, Suri, who is also a programme manager of SIS, explained Malaysia's minimum age requirements for marriage to the participants.
She said that for non-Muslims, the minimum age is 18 but females between 16 to 18 can marry if the state government head's gives the nod.
The event's moderator Suri Kempe (left) chipped in, pointing to a programme introduced by Malacca government to illustrate the point.She said that in efforts to curb baby dumping, the state has set up schools for pregnant teens and also encouraged them to get married.
"So for every underaged teen that wanted to get married, they have actually said, ‘Never mind. If the parents will not consent, the state will. On top of that, they'll give RM500 for the wedding.'" she said.
Earlier during the discussion, Suri, who is also a programme manager of SIS, explained Malaysia's minimum age requirements for marriage to the participants.
She said that for non-Muslims, the minimum age is 18 but females between 16 to 18 can marry if the state government head's gives the nod.
Consensual sex where it stands
For Muslims, she said the minimum age 16 for females and 18 for males. However, they can be exempted from this requirement with the Syariah Court's consent where there is no minimum age.
"He (the judge) will evaluate with no specific criteria whether she is mature enough to enter into marriage.
"There is never a case where they call for expert witnesses such as a child psychologist or child developmental psychologist to evaluate whether or not this girl is ready for marriage. So usually, the judging criteria are her ‘physical endowments'," she said.
Despite this, two students from Universiti Teknologi Mara (UiTM) studying the issue said that during their surveys, many respondents were unaware that child marriage does occur in Malaysia and found themselves explaining the issue repeatedly.
Nonetheless, they found that older Muslims were more receptive to the idea of child marriage for religious reasons, the ethnic Chinese opposing it, and mixed views from Indian Malaysians.
The idea was almost unanimously objected to by youths.
Rigidity of the elders
"These old people (above 40 years old) are too ‘rigid' with their religion and believe that it is a way to avoid social problems, but they overlook potential problems such as divorce," said student Nor Fadilah Mohd Jalil (right), who is conducting the study as part of her thesis for her Bachelor of Administrative Science course.
Strangely, on the ideal age for marriage, she said the respondents above 40 would still choose above 22 for males and, and above 16 for the opposite gender.
The survey is still ongoing with over 100 responses garnered so far.
During the discussion, one participant also argued that the consenting age concept is arbitrary, preventing youths from having sex "when they really want to".
For Muslims, she said the minimum age 16 for females and 18 for males. However, they can be exempted from this requirement with the Syariah Court's consent where there is no minimum age.
"He (the judge) will evaluate with no specific criteria whether she is mature enough to enter into marriage.
"There is never a case where they call for expert witnesses such as a child psychologist or child developmental psychologist to evaluate whether or not this girl is ready for marriage. So usually, the judging criteria are her ‘physical endowments'," she said.
Despite this, two students from Universiti Teknologi Mara (UiTM) studying the issue said that during their surveys, many respondents were unaware that child marriage does occur in Malaysia and found themselves explaining the issue repeatedly.
Nonetheless, they found that older Muslims were more receptive to the idea of child marriage for religious reasons, the ethnic Chinese opposing it, and mixed views from Indian Malaysians.
The idea was almost unanimously objected to by youths.
Rigidity of the elders
"These old people (above 40 years old) are too ‘rigid' with their religion and believe that it is a way to avoid social problems, but they overlook potential problems such as divorce," said student Nor Fadilah Mohd Jalil (right), who is conducting the study as part of her thesis for her Bachelor of Administrative Science course.Strangely, on the ideal age for marriage, she said the respondents above 40 would still choose above 22 for males and, and above 16 for the opposite gender.
The survey is still ongoing with over 100 responses garnered so far.
During the discussion, one participant also argued that the consenting age concept is arbitrary, preventing youths from having sex "when they really want to".
He advocated better education instead to help them make meaningful choices.
However, others said that the law forbidding premarital sex for those below the age of consent is still necessary to protect children from sexual predators.
A mother of four added that although she works with women's rights NGO and frequently talks about sexual rights, she finds it difficult to raise the issue with her own daughters.
"We are still in denial that our children are going to have sex one day," she said.
Another mother said she did not have this problem because she had encouraged her daughters to share information on any changes in their bodies with her from a young age, including "every wound and every scar".
However, others said that the law forbidding premarital sex for those below the age of consent is still necessary to protect children from sexual predators.
A mother of four added that although she works with women's rights NGO and frequently talks about sexual rights, she finds it difficult to raise the issue with her own daughters.
"We are still in denial that our children are going to have sex one day," she said.
Another mother said she did not have this problem because she had encouraged her daughters to share information on any changes in their bodies with her from a young age, including "every wound and every scar".
Nations where sex isn't shameful
Yet another highlighted that other jurisdictions such as the Netherlands and Australia have guidelines in their statutory rape laws that deal with the age gap among underaged person(s) having sex.
The participant said that where the gap is small, it is not regarded as an offence because there is less likelihood of ‘imbalance of power' between the couple.
Suri explained that in Malaysia, the court does not consider the issue of consent in convicting statutory the rape accused.
However, upon conviction, the issue of consent is considered as a mitigating factor when sentence is meted out, which can be as light as being bound over for good behaviour.
But not so if the child is below 12 where the punishment is a mandatory five-year minimum jail term for the offender.
Before the discussion started, two 10-minute plays were staged. Neither had a conclusion to their plots, giving the impression that the stage was being far for the main event.
In the first play, a 14-year old girl gossips with her friend over the phone that she had her first sexual experience with her boyfriend.
However, her mother overhears the conversation and later calls her husband, angrily relating to him what she heard, saying she wants to take the issue to the police.
The second play was a woman's monologue, the victim of a shotgun marriage at the age of 15.
She told a doctor, who was not portrayed in the scene, that although the marriage was initially sweet, she was abused by her husband and family later for being "useless" after several miscarriages.
Her husband also blamed her for his lack of career advancement.
She said she regretted the marriage because she had missed educational opportunities and hoped to complete high school eventually.
However, she said, between sobs that she has no choice but to stay locked in the marriage to look after her children and her husband.
The participant said that where the gap is small, it is not regarded as an offence because there is less likelihood of ‘imbalance of power' between the couple.
Suri explained that in Malaysia, the court does not consider the issue of consent in convicting statutory the rape accused.
However, upon conviction, the issue of consent is considered as a mitigating factor when sentence is meted out, which can be as light as being bound over for good behaviour.
But not so if the child is below 12 where the punishment is a mandatory five-year minimum jail term for the offender.
Before the discussion started, two 10-minute plays were staged. Neither had a conclusion to their plots, giving the impression that the stage was being far for the main event.
In the first play, a 14-year old girl gossips with her friend over the phone that she had her first sexual experience with her boyfriend.
However, her mother overhears the conversation and later calls her husband, angrily relating to him what she heard, saying she wants to take the issue to the police.The second play was a woman's monologue, the victim of a shotgun marriage at the age of 15.
She told a doctor, who was not portrayed in the scene, that although the marriage was initially sweet, she was abused by her husband and family later for being "useless" after several miscarriages.
Her husband also blamed her for his lack of career advancement.
She said she regretted the marriage because she had missed educational opportunities and hoped to complete high school eventually.
However, she said, between sobs that she has no choice but to stay locked in the marriage to look after her children and her husband.
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