“At that age, girls and boys have the opportunity to get a job,” Ismail Yahya told a forum on underage marriage organised by the Selangor Bar today, adding that this would address the question of whether they could be financially independent.

But Ismail, who was the chief shariah judge of Terengganu, said those between 16 and 17 years of age could still be allowed to marry under strict conditions.

“This must be determined by the religious court subject to certification by a medical doctor,” he said.

Meanwhile, shariah lawyer Farhan Haziq Mohamed said it would be an uphill task for Putrajaya to standardise the minimum age of marriage as shariah laws were under state jurisdictions.

“Moreover, the civil court could not encroach into the jurisdiction of the shariah court on religious matters exclusive to Muslims, as stated in the constitution,” he said.

“The consent of the Malay Rulers, who are heads of Islam in their states and the Conference of Rulers is equally important,” he said.

The debate on child marriage was renewed following public outrage over the marriage of 11-year-old Masaryu Mat Rashid to 41-year-old Che Abdul Karim Che Abdul Hamid.

Che Karim from Gua Musang, Kelantan, has defended his actions, saying he had received blessings from the girl’s parents.

But civil society activists have urged that he be charged with sexual grooming, a criminal offence under the Child Act, and called on the government to announce a blanket ban on underage marriage.