This would mean, it said in a statement, that the law would apply equally to all Malaysians, without exception.
G25 expressed disappointment that instead of taking the lead, Deputy Prime Minister Dr Wan Azizah Wan Ismail was “passing the buck” to the National Fatwa Council to issue a fatwa so that state authorities could enact, under shariah, legislation to make child marriage illegal.
The group said there was no assurance that every state would agree to follow the National Fatwa Council’s directive as Islam was a state matter.
“In the absence of a national ban on child marriage, which includes Muslims, some states where the Islamic religious authorities are conservative, will insist that Muslim men must have the right to marry underaged girls if the shariah court allows it.
“They will claim that as religion is a state matter, the national fatwa is not binding on the states that prefer to continue with the traditional Islamic recognition of a man’s right to marry according to his sexual desire and fantasies.
“G25 proposes that to circumvent the reluctance of some states in conforming to the standards of decency for girls to marry when they have reached adulthood, namely the age of 18 or above, and to ensure that all states comply with the ban on underage marriage, this medieval practice should be made a federal crime so that the law can be made applicable to all Malaysians, without any exception by reason of race or religion.”
It said specific provisions should be made to criminalise child marriage under federal law either in the Child Act, 2001 ( Act 611 ), the Sexual Offences Against Children Act, 2017 ( Act 792 ) or the Penal Code.
“When Parliament makes it a federal law, no state can issue its own shariah law to permit child marriage for Muslims.
“We call on the Rulers to openly agree that child marriage be made a crime under federal law.”
G25 said Malaysia was under scrutiny under the UN conventions for its lacklustre attitude in upholding international standards on human rights, women’s rights and the rights of children, especially girls, from exploitation and sexual slavery.
It called on Foreign Minister Saifuddin Abdullah to take the lead in making the government introduce the necessary reforms and to implement its obligations under CEDAW (Committee on the Elimination of Discrimination Against Women) and the United Nations Convention on the Rights of the Child.
This, it added, would enhance Malaysia’s international standing as a progressive country which upheld human rights, especially the rights of women and girls against all forms of discrimination and exploitation, including sexual harassment and forced marriages.
Recently, many Malaysians were aghast when a 41-year-old Malaysian married an 11-year-old girl in Narathiwat, Thailand. A video of his second wife venting her frustration over social media went viral, putting the spotlight again on child marriage.
Subsequently, the Gua Musang Shariah Court let off the man with a RM1,800 fine after he pleaded guilty to marrying a minor without prior consent from the Shariah Court and for engaging in polygamy without permission from his spouse.