Child Marriage Laws in Malaysia: A World Filled with Legal & Cultural Complexity

By: Nadya Azzahra

Source: The Star

---

SUBANG JAYA: The issue of child marriage continues to be a controversial topic in Malaysia. Given the complex interplay of cultural, religious traditions, and legal frameworks, child marriage remains a pressing concern within the country. The mental well-being as well as the rights of young girls in Malaysia are critically impacted by these practices. 

Although there has been a global decline of child marriage cases, it is still heavily practiced and normalized in many cultures. To this day, obtaining accurate statistics on child marriages in Malaysia remains elusive due to the lack of a centralized database, compounded by the sensitivity of the topic and the prevalence of unreported cases. 

Malaysia has been criticised for not doing enough to address child marriage and is under pressure to lift its game. Malaysia has faced criticism for its perceived inadequate efforts in addressing child marriage and is under pressure to improve its approach. Selangor and Kedah are the only two states that have increased the legal minimum age of marriage to 18. 

“Many students have dropped out of secondary school due to marriage, and 90% of them are girls,” shared Hannah Yeoh,  Minister of Youth and Sports. 

Malaysia’s complex legal system makes it difficult to effectively address child marriage issues. Malaysia is comprised of shariah, civil and customary law, which complicates matters of defining “child” in the context of child marriage. For instance, under civil law, the legal age of marriage for non-Muslims in Malaysia is 18, with the provision that females aged 16 to 18 can marry with the consent of their state Chief Minister or Menteri Besar. In contrast, Muslim law, which applies to Malaysia's Muslim-majority population, allows girls to marry at 16 and boys at 18. The Shariah Court also has the authority to grant permission for marriages below these ages, allowing girls to marry below 16 and boys below 18. 

Since child marriage is permissible under Muslim law, the motive behind applying for marriage below the minimum age should be analyzed. If sexual intercourse was found out to occur before marriage, the male involved may face criminal charges for statutory rape.

While national laws specifically prohibiting or limiting child marriage are absent in Malaysia, there are several statutes that indirectly discourage the practice. Section 375 of The Penal Code prosecutes men for statutory rape. It is also an offense to have an extra-marital relationship under Islamic law, even if the parties are underaged and have applied to marry. If found guilty, the parties involved may be punished with imprisonment not exceeding three years, a fine not exceeding RM5,000 and may be whipped up to 12 strokes. However, if the underaged girl is raped, she will not be punished.

The Child Act 2001 also vaguely references child sexual abuse under Sections 17 and 31, though it is clear that there are no express prohibitions against child marriage in this Act.

“Society should be taught that child marriages pose a real danger to young brides. If these young girls undergo the reproductive process at an early stage, it is not good for their health, which will further create various complications to their bright future ahead,” said  Datuk Rohani Abdul Karim, Minister of Women, Family and Community. 

Malaysia is in desperate need of stronger preventive laws, protection, and consequences to those involved in child marriages. These practices have serious repercussions that may affect the future of young children, especially young girls in the country. Moving forward, Malaysia must navigate a path that respects cultural diversity while safeguarding the rights and welfare of children. 

---

References:

Bissex, A. (2022, July 21). Raising the minimum age of marriage in Malaysia. Www.unicef.org. https://www.unicef.org/malaysia/press-releases/raising-minimum-age-marriage-malaysia 

Jamaiudin, N. (2023, May 14). How Malaysia can get serious about child marriage. The Star. https://www.thestar.com.my/news/focus/2023/05/14/how-malaysia-can-get-serious-about-child-marriage Joyce, J. (2024).  Stop normalising child marriages! Astroawani.com. https://www.astroawani.com/berita-malaysia/columnist-stop-normalising-child-marriages-450837 

Mohd Awal , P. D. N. A., & Adib Samuri , M. A. (2018). Child Marriage in Malaysia. https://www.unicef.org/malaysia/media/711/file/Child%20marriage%20in%20Malaysia.pdf 

Protect & save the Children Association of Selangor & Kuala Lumpur. (2013). Child Marriage -Situation in Malaysia. https://www.ohchr.org/sites/default/files/Documents/Issues/Women/WRGS/ForcedMarriage/NGO/PSTheChildren3.pdf