CAIRO – The marriage of a 12-year-old girl to an alleged rapist is sparking a heated controversy in Malaysia over allegations that the practice is in line with Islamic teachings.
"As a mother, I am still puzzled,” Jainab Ahmad, minister for community and consumer affairs of the eastern state of Sabah, was quoted as saying by The Sydney Morning Herald.
“How could the father of the girl allow his daughter to be married to the man who had raped her?
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A 40-year old man was charged with raping the girl in February.
Two months later, a complaint filed by the girl’s family was withdrawn after an agreement was reached to get the alleged rapist marry the girl.
"It is best for her that they get married. What else can I do?" the girl’s father said.
The alleged rapist has defended his decision to marry the girl, saying Islamic teachings allow marrying underage girls.
"There are many cases of men marrying underage girls," said Ruduan Masmud, a restaurant owner, who is a father of four.
"I do not see how my case can be any different,” he said, arguing that mutual consent is accepted under Islamic Shari`ah.
Child marriages are common in Malaysia.
No marriage age is set for Muslims in Malaysia.
Under Malaysian law, any Muslim can marry at any age providing there is parental consent and permission of Shari`ah court.
Non-Muslims in Malaysia marry at the age of 18.
Marriage in Islam is of utmost importance as it is upon the lawful union of a man and a woman that society grows strong and that moral is preserved.
In Islam it is not permissible for the guardian to compel the one under his guardianship to marry someone she does not desire to marry.
Rather, it is necessary to seek her consent and permission.
Societal Ill
Rights activists have decried the marriage as an attempt to avoid tackling growing societal problems in Malaysia.
"It is unfortunate that marriage is seen as a solution for addressing the growing societal issue of rape," the Child Rights Coalition Malaysia (CRCM) said in a statement.
"We strongly feel that the verdict may lead to more societal issues such as early marriage, teenage pregnancy and broken families rather than preventing such issues from happening in the future.
"We also would like to assert our view that the child's willingness (to marry) could arise from coercion, innocence or even threat which in all ways will impede the safety and positive well-being of the child."
The UN Children’s Fund (UNICEF) has urged the Malaysian government to intervene to stop child marriages.
"Whether it happened to a girl or boy, child marriage is a practice that robs children of their childhood, their rights and dignity,” it said in a statement.
"Parents may consent to child marriages out of economic necessity. Marriage may also be seen as a way to provide male guardianship for their daughters, protect them from sexual assault or avoid pregnancy outside marriage," it said.
This is not the first time child marriages sparked uproar in Malaysia.
Two years ago, the marriage of a 14-year-old Muslim girl to a 23-year-old schoolteacher triggered similar calls for reform.
Another outcry occurred in October when two men, aged 19 and 22, were released on probation after courts convicted them of statutory rape.
But activists slammed the judges for freeing the men, saying the question of victims’ consent should not have arisen as the victims were below 16.
Malay Muslims make up nearly 60 percent of Malaysia’s 28 million population.
Source: http://www.onislam.net/english/news/asia-pacific/462839-rape-marriage-sparks-malaysia-outcry.html
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