BACK IN 1994, THE THEN CHIEF MINISTER OF MALACCA, ABDUL RAHIM THAMBY CHIK, WAS REPORTED TO HAVE RAPED A 15-YEAR-OLD SCHOOLGIRL (UNDER MALAYSIAN LAW, SEX WITH A MINOR CONSTITUTES STATUTORY RAPE). LIM GUAN ENG, CURRENTLY THE CHIEF MINISTER OF PENANG AND THE THEN MP FOR KOTA MELAKA, SPOKE OUT AGAINST THE RAPE OF A MINOR AFTER THE GIRL’S GRANDMOTHER-CUM-GUARDIAN, WHO WAS ALSO LIM’S CONSTITUENT, TURNED TO HIM FOR HELP.
HOWEVER, FAR FROM DESERVING JUSTICE, BOTH LIM AND THE SCHOOLGIRL RECEIVED THEIR “DUES”. LIM WAS JAILED FOR THREE YEARS FOR SPEAKING UP AGAINST THE RAPE WHILE THE GIRL WAS GIVEN THREE YEARS “PROTECTIVE CUSTODY”. AS FOR RAHIM, BECAUSE OF THE RAPE AND PENDING CORRUPTION CHARGES, HE WAS FORCED TO RESIGN, AFTER A 12-YEAR STINT AS MALACCA’S CHIEF MINISTER.
BUT THE JUDICIARY SAW RAHIM ESCAPE PUNISHMENT FOR A CRIME COMMITTED; THIS CAME ABOUT AFTER THE PUBLIC PROSECUTOR WITHDREW THE CHARGE CITING LACK OF EVIDENCE. THE CORRUPTION CHARGES AGAINST RAHIM WERE ALSO DROPPED
UNMASKING THE MOTHER FUCKER ABDUL RAHIM THAMBY CHIK WHO RAPED A 15 YEAR OLD MALAY SCHOOL GIRL
UNMASKING THE MOTHER FUCKER ABDUL RAHIM THAMBY CHIK WHO RAPED A 15 YEAR OLD MALAY SCHOOL GIRL
Throughout the world, the problem of early, forced marriages of children is considered to be a violation of basic human rights. It has been estimated that 49 countries have a significant child bride problem.
Here is an overview of the problem of child brides and solutions to the issue of early marriages.
Saying No to Child Marriage
Additionally, cultural, economic, and religious aspects of the communities when they live make it nearly impossible for the girls to break free from marrying early.
The Problem of Child Brides and Forced Marriages
Egypt, Afghanistan, Bangladesh, Ethiopia, Pakistan, India, and the Middle East: In the rural villages of these countries many young girls are rarely allowed out of their homes unless it is to work in the fields or to get married.
These uneducated girls are often married off at the young age of 11. Some families allow girls who are only 7 years old to marry. It is very unusual for a girl to reach the age of 16 and not be married
In Afghanistan , it is believed that between 60 and 80 percent of marriages are forced marriages.
Even though the legal age to get married in Egypt is 16, and in India and Ethiopia, the age is 18, these laws are quite often ignored.
England and the United States: The issue of child brides has also reached other countries such as England and the United States where secret illegal weddings are being performed.
The Center for Law and Social Policy (CLASP) found in a study, Is Teen Marriage a Solution? that marriages by teens in the United States jumped tremendously in the 1990s.
The awareness of early forced marriage and sexual abuse of young girls in the United States was increased by the April 2008 rescue of numerous children living on a ranch owned by a polygamist sect in Texas.
United Nations Report on the Violation of Basic Human Rights of Child Brides
According to “Factsheet: Early Marriage” (page 4), a report issued by the United Nations, these early marriage unions violate the basic human rights of these girls by putting them into a life of isolation, service, lack of education, health problems, and abuse.
The UNICEF paper states: “UNICEF believes that, because marriage under the age of 18 may threaten a child’s human rights (including the right to education, leisure, good health, freedom of expression, and freedom from discrimination), the best way to ensure the protection of children’s rights is to set a minimum age limit of 18 for marriage.
UNICEF is opposed to forced marriages at any age, where the notion of consent is non-existent and the views of bride or groom are ignored, particularly when those involved are under age.”
Malaysian conference considers the problems of child brides in a progressive Islamic state
Bernama – Malaysian National News Agency February 7, 2011
Underage Marriages: A Holy Or Unholy Matrimony?
By Haslinda Zainal
KUALA LUMPUR, Feb 7 (Bernama) — Siti Nur Zubaidah Hussin just turned 11 when her father forced her to marry a 41 year old man from Kelantan on February 2010.
Her father Hussin Mat Salleh was a follower of a religious sect who was convinced by the leader Shamsuddin Che Derahman, a.k.a “Sudin Ajaib” that there is nothing wrong in such union.
As the girl was clueless and too young to take the role of a wife physically and mentally, she went into a state of depression.
Siti was found hundreds of kilometres in a delirious state in Masjid Al-Ikhwan, in Batu Caves days after the husband disappeared with her.
Siti Nur Zubaidah’s sad fate is certainly neither the first nor going to be the last in the country. There are also many underage girls who marry on their own will while some have no choice but to get married as they are pregnant out of wedlock.
The International Center for Research on Women (ICRW) in 2005 defined underage marriage as a marriage or a union between two people with one of them or both being less than 18 years old.
DO NOT TAKE THIS PROBLEM LIGHTLY
Up to now, the number of underage marriages only represents a miniscule figure of 0.725 per cent of the total number of marriages in Malaysia. Though the figures are small, there are negative implications relating to underage marriages.
While marriage is fundamental in procreation and is encouraged by religion and society, but how does our society see underage marriages in a context of a developed society.
Thus, the Syariah Judiciary Department and the Malaysian Syariah Officers’ Association dwelled into this problem at a national seminar entitled Islamic Family Laws “Underage Marriages: Proper or Not?” here recently.
The Negeri Sembilan Fatwa (edict) Council member Dr Zulkifli Mohamad Al-Bakari noted that the Al-Quran, al-Sunnah and ijma’ does not prohibit underage marriages.
However, he conceded that the interest of the parties involved, especially the girl had to be given due consideration.
THE GOAL OF A MARRIAGE
He quoted the views of Syeikh Abdullah al-Manie, a prominent member of the Saudi Arabia’s Senior Ulama Council, that “the marriage between Prophet Muhammad and Sayidatina Aisyah should not be the excuse to justify underage marriages”.
“His view appeared as a reaction on the case where a 12 year old girl was married off to a 80 year old man in Buraidah, Saudi Arabia,” Dr Zulkifli said in his working paper entitled ‘Underage Marriages from the Perspective of Islamic Law’.
Dr Zulkifli noted that while marriage to an underage girl is allowed, within the terms and conditions of a marriage, the girl had to be old enough to consummate the marriage.
“This is because sexual union is what consummates the marriage, thus from the customary perspective underage marriages should not be allowed except in special circumstances,” he said.
So what is the minimum age for a girl and a boy to tie the knot?
Section 8, of the Islamic Family Laws Act (Federal Territories) 1984 and similar enactments at the states in Malaysia set a minimum age for marriage.
The act stipulates that no marriages can be solemnised or registered if the male is less than 18 years of age or the female is less than 16 years of age unless a Syariah judge provides his written consent in special cases.
NOT A CULTURE IN MALAYSIA
The Malaysian Institute of Islamic Understanding’s (Ikim) Deputy Director General Prof Datuk Dr Zaleha Kamaruddin pointed out underage marriages also happen in other places and they are more common in certain regions.
Then if this is the case, then why the Malaysian society frowns on underage marriages?
The answer probably lies in the fact that Malaysia is an exemplary progressive Islamic state and underage marriages are seen as a step backward.
Dr Zaleha in her working paper entitled `Underage Marriages from the Legal Perspective’ observed fortunately this problem is not a norm in Malaysia.
The parents instead should encourage their children to study and not marry them off when they are young.
“In line with the current global development where knowledge is a culture, we should not allow underage marriages except when it is totally unavoidable,” she said.
But can we curtail underage marriages through legislation? On this question Malaysia should learn from India and Pakistan’s experience where their laws to prohibit underage marriages were totally ineffective.
“Nevertheless the number of underage marriages is slowly dwindling in both nations not because of legislations but due to the efforts to encourage the fairer sex to study up to the university level,” she said.
HEALTH IMPLICATIONS
Underage marriages also pose health implications on the girl especially in reproductive, sexual, emotional and mental health.
Hospital Universiti Kebangsaan Malaysia’s (HUKM) Obstetric and Gynecology Consultant Associate Prof Dr Harlina Halizah Siraj noted underage marriages leads to early pregnancy and numerous complications during the antenatal ( pregnancy), intrapartum (birth) and also post-partum (post pregnancy) stages.
“The mother and infant mortality too is high among pregnant teenagers, not only due to complications during and after pregnancy but also factors like the availability of healthcare facilities,” she said when presenting the working paper entitled ‘Underage Marriages from the Medical Perspective’.
Dr Harlina Halizah also pointed out those who resort to underage marriages are often ignorant of contraceptives and family planning or may even face difficulties in obtaining contraceptives.
“Other than this, a poor diet could also lead to malnutrition, and underage marriages are also linked to high rates of domestic violence that disrupts the emotional and mental health,” she said.
She said teenagers who marry young have to face the realities of family life where they need to make decisions and find effective solutions, manage monetary and emotional issues, and communicate effectively.
“The vagaries of life can cause deep impact to the mental, emotional, social and spiritual well-being. Thus underage marriages often don’t last long,” she said.
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