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...."