11 and Married: Malaysia Spars Over an Age-Old Practice - The New York Times

peter.suber's bookmarks 2018-08-04

Summary:

"In its election manifesto, the opposition coalition that won power in May [in Malaysia] promised to outlaw child marriage....

Constitutionally, Malaysia’s legal system is bifurcated. Non-Muslim Malaysians, mostly from the nation’s ethnic Chinese and Indian minorities, are bound by civil law. Under the law, unless special consent is given by a high-ranking state minister, Malaysia’s non-Muslims cannot get married until they are 18.

The country’s ethnic Malay Muslim majority, however, must hew to Islamic law. A Shariah court must grant permission for minors below the age of 16 to marry. If a Muslim receives approval from Shariah authorities, there is no minimum age for marriage....

In some instances, girls have ended up married to men charged with raping them. In 2015, a man from the eastern Malaysian state of Sarawak was charged with the statutory rape of a 14-year-old girl. But the case was dropped after he married her with permission from a Shariah court. Marital rape is not a crime in Malaysia.

Sometimes, Shariah courts accept underage unions to legitimize out-of-wedlock pregnancies, the Unicef report said. Other child marriages are driven by the poverty of the bride’s family....

Muslim-majority countries like Morocco and Egypt have outlawed child marriage, although underage unions remain common there...."

Link:

https://www.nytimes.com/2018/07/29/world/asia/malaysia-child-marriage.html

From feeds:

Consent and coercion » peter.suber's bookmarks

Tags:

marriage rape.marital rape.statutory consent legislation consent.whose consent.age

Date tagged:

08/04/2018, 15:53

Date published:

08/04/2018, 11:53