Referring to the case of 41-year-old Che Abdul Karim Che Abdul who had taken an 11-year-old child bride, Syahredzan Johan said the Kelantan Shariah Court had fined him for two shariah offences, for marrying and practising polygamy without permission.
However, Syahredzan said the fines were not for him marrying an underaged person.
“This is why legislation is needed. At the federal level, it should be a penal offence to marry a child.
“The government would have to decide whether it is anyone below 18, or 16 or lower. But there must be a law,” he said in a series of tweets today.
According to Berita Harian, Che Abdul Karim was charged under Section 19 and 124 of Kelantan’s Islamic Family Law Enactment No 6.
Section 19 states that no marriage shall be solemnised unless permission to marry has been granted by a shariah judge, registrar or proper authority if it involves a woman who is a resident of Kelantan.
Section 124 concerns the practice of polygamy without written permission from the Shariah Court. It carries a maximum six months’ jail and a maximum RM1,000 fine or both upon conviction.
Che Abdul Karim pleaded guilty to both offences before Shariah Court judge Mohd Surbaineey Hussain and was fined RM900 for each charge.
However, Syahredzan noted that there could be issues with criminalising child marriage at the federal level, saying it could be challenged as the matter lay within the jurisdiction of the state.
“Another (issue) would be that it is inconsistent with state shariah laws which say that the Shariah Court may give permission for a child to be married under the age of 16.
“There should be consistency throughout, and this is something the drafters of the potential legislation must address.”
Syahredzan also said there was no information on whether the marriage between the two had been registered and recognised in Kelantan.
“If this is the case, I believe welfare officers can step in to take away the child.
“Of course, this is if the child is in Malaysia. If she isn’t then there is not much that can be done by welfare officers.”