Malaysian children as young as 12 are getting married, and it's legal

Childhood friends Iris, Mary and Sarah were once typical teenage girls " they did homework together, took selfies, and wandered along the unpaved roads of their village, Long Menapa, in the Malaysian state of Sarawak.

Their village is a three-hour drive from the nearest secondary school, and seven hours from the nearest town.

Iris, the eldest of the girls, is 16. Mary and Sarah are 14. Each of them enjoyed school and look back on their time in education fondly. But it has been two years since any of them attended class. They stopped going when they got married.

Now they live in their husbands' longhouses, a traditional form of elongated and narrow housing raised on stilts used by many native communities in Sarawak.

"We seldom do activities together now, because we live in different longhouses," says Mary. "When we were in the same school, we always had activities together."

"We miss the time when we were still single," she adds, breaking into a playful grin, as Iris and Sarah giggle.

Mary, 14, with her son Michael, then four months old. Being a mother was something she had hoped for, says Mary, who conceived at 12 after getting married that same year. "After the marriage, we always prayed to have a baby." Photo: Sherlyn Seah alt=Mary, 14, with her son Michael, then four months old. Being a mother was something she had hoped for, says Mary, who conceived at 12 after getting married that same year. "After the marriage, we always prayed to have a baby." Photo: Sherlyn Seah

Child marriage " defined by the United Nations Children's Fund (Unicef) as any formal marriage or informal union where one or both of the parties are under the age of 18 " is not unique to these girls of the Penan tribe in Belaga. In fact, child marriages happen across Malaysia, though it is most pervasive in Sarawak.

Malaysia's 2010 Housing and Population Census " the latest available nationwide data " showed more than 150,000 teenagers aged between 15 and 19 were married, up from 65,029 in the 2000 census. The next census is expected to be released this year.

In Sarawak, 1,609 non-Muslim female child marriages were recorded from 2005 to 2015 by the National Population and Family Development Board. The state also had 1,284 cases of Muslim child marriages from 2011 to 2016, as documented by the Department of Sharia Judiciary.

These figures show Sarawak has the highest number of child marriages in the country. Despite this, Sarawak is one of seven Malaysian states that have not yet complied with a 2018 federal directive to raise the minimum age of marriage to 18 for Muslims and non-Muslims.

Change is coming slowly for Sarawak, activists say, because of traditional, indigenous communities in remote areas. The collapse of the Pakatan Harapan coalition government " which had promised in its manifesto to outlaw child marriages " and its replacement by the Perikatan Nasional has also raised concerns that the movement to banish child marriages might have been derailed.

In particular, the appointment of Siti Zailah Mohd Yusoff as a deputy minister of Women, Family and Community Development has raised concerns. In a 2017 debate, Yusoff " an MP with the Malaysian Islamic Party (PAS) " had said underage marriage should not be disputed because it was "the guidance of Allah". Her party currently governs Kedah, Kelantan and Terengganu, three Malaysian states which, like Sarawak, have yet to implement the 2018 directive.

One of four Penan longhouses in Long Menapa, a village in Belaga, Sarawak. Longhouses are a traditional form of elongated housing raised on stilts. The Penan tribe was a traditionally nomadic group of indigenous Sarawakians. Photo: Sherlyn Seah alt=One of four Penan longhouses in Long Menapa, a village in Belaga, Sarawak. Longhouses are a traditional form of elongated housing raised on stilts. The Penan tribe was a traditionally nomadic group of indigenous Sarawakians. Photo: Sherlyn Seah

One non-governmental organisation (NGO) at the forefront of the fight is the Sarawak Women for Women Society (SWWS). The challenges it faces underline the unique circumstances in Borneo, which is home to over 40 sub-ethnic groups, with the Iban making up 30.3 per cent of Sarawak's population, the largest percentage before the Malays.

Sarawak's high rate of child marriages is partly because indigenous communities can marry according to their own "adat", the Malay term for customary law, and not civil law.

Margaret Bedus, the president of SWWS and an Iban, says her tribe's "age-old" adat on marriage is a "stumbling block" in need of modernisation.

"In 2018, I attended the Iban Symposium in Bintulu [and] raised the issue of child marriage and how important it is for our local 'adat' to be changed to give protection to our children," says Bedus, 65.

Some chiefs were unsupportive of her suggestion " but eliminating child marriages was still made one of the resolutions at the symposium.

"I hope to see something done before the next symposium in 2021," she says.

Bedus joined SWWS as a volunteer 35 years ago, before becoming its president in 2000.

The NGO, which also handles women's rights issues such as domestic violence, strengthened its focus on child marriages four to five years ago after increased media coverage.

"We feel sad for the children, being deprived of a childhood, robbed of the opportunity to education, having to bear children and be expected to perform the role of an adult in a child's body. This is a gross injustice to the child," says Bedus.

Another struggle SWWS faces is how to host outreach programmes in a land where the population density, at just 20 people per square kilometre, is the lowest in the country.

Building awareness of the importance of education, a key factor in curbing child marriages, has been difficult, given the geographical and communication problems in Sarawak, says Gill Raja, an SWWS committee member. Members must be well-versed in native dialects.

The group fosters ties with village chiefs, pastors and teachers, and holds workshops on sexual relationships. "Sometimes as NGOs we can be a catalyst to bring people together, but we don't have the capacity to follow up on everything," Raja says.

Krystal Nantie, 30, Margaret Bedus, 65, Angie Garet, 60, and Gill Raja, 67, are members of the Sarawak Women for Women Society. Started in 1985, the organisation was one of the first in Sarawak to specifically handle women's and children's issues. Photo: Sherlyn Seah alt=Krystal Nantie, 30, Margaret Bedus, 65, Angie Garet, 60, and Gill Raja, 67, are members of the Sarawak Women for Women Society. Started in 1985, the organisation was one of the first in Sarawak to specifically handle women's and children's issues. Photo: Sherlyn Seah

Child marriages in Sarawak occur mostly among Muslims and indigenous people, and the Borneo state has three marital legal systems " civil, sharia and native.

According to the Federal Constitution, civil courts have no jurisdiction over matters under sharia laws, posing another difficulty.

While Malaysia's civil law sets a minimum age of 18 for marriage, the state chief minister can grant girls between the ages of 16 and 18 the permission to marry.

Muslims are governed by sharia law, which sets a minimum age of 18 for boys and 16 for girls. But exceptions can be granted with the approval of the sharia court, and no minimum age is set.

Indigenous people are governed by customary laws which currently have no fixed minimum age, says Fatimah Abdullah, Sarawak's Minister of Welfare, Community Wellbeing, Women, Family and Childhood Development " but the customary law committees of various ethnic groups are in the process of setting one.

Newlyweds Mohammad Hishamudin bin Abu Seman, 20, and Nur Shafeedatul, 18, first started talking on Facebook in 2018 and only met up in person a month later. Shafeedatul was seven months pregnant when photographed. Photo: Sherlyn Seah alt=Newlyweds Mohammad Hishamudin bin Abu Seman, 20, and Nur Shafeedatul, 18, first started talking on Facebook in 2018 and only met up in person a month later. Shafeedatul was seven months pregnant when photographed. Photo: Sherlyn Seah

The legal complexities are part of the reason Sarawak has yet to implement the 2018 directive.

Madeline Berma, the Sarawak commissioner for the Human Rights Commission of Malaysia (Suhakam), says patience is needed.

"It takes time for the 'adat' laws to change, for people to get better educated, only then can we fully enforce the marriage age limit," says Berma.

The Sarawak Council for Customs and Traditions, the state legislative body of native groups, declined to comment.

The sharia court typically approves an underage marriage if it is shown the child is able to take care of a household and a family, has memorised Islamic teachings, and has the support of their family after marriage, according to a 2018 report from Unicef Malaysia.

The same report found that out of 2,143 applications for child marriages from 2012 to 2016 across seven states in Malaysia, only 10 were rejected.

The decentralised sharia laws by state have led to difficulties in raising the minimum age of marriage, says Majidah Hashim, a former communications manager for Sisters in Islam (SIS), a Muslim women's rights group based in Selangor, who now works for another NGO. "The problem with Malaysia's sharia system is that it requires every state, one by one, to amend their laws," she adds.

Founded in 1988 by a group of Muslim women, SIS advocates for gender equality in Islam and has spoken out about standardising the Islamic Family Law across all Malaysian states.

After 11 years of marriage, Azmil bin Jepri, 30, and Zulaina binti Jafar, 27, pictured with their six-year-old son Mohamad Safwan, remain committed to each other. Rumours about Zulaina being pregnant before their marriage pushed Azmil to propose when she was 16, even though he did not want to disrupt her studies. Photo: Sherlyn Seah alt=After 11 years of marriage, Azmil bin Jepri, 30, and Zulaina binti Jafar, 27, pictured with their six-year-old son Mohamad Safwan, remain committed to each other. Rumours about Zulaina being pregnant before their marriage pushed Azmil to propose when she was 16, even though he did not want to disrupt her studies. Photo: Sherlyn Seah

Puteri Nor Ariane Yasmin binti Jeffrey Adzman, a foreign policy and security studies analyst at the Kuala Lumpur-based Institute of Strategic and International Studies Malaysia, says the discrepancy between federal and state laws further complicates things.

"You have the federal law, and the [former] deputy prime minister saying the minimum age for marriage in Malaysia is 18. But there is also religious administration at the state level to consider," says Puteri Nor Ariane, 32.

"Ultimately, it is up to the respective state religious authorities and chief ministers as these laws fall under the discretion of states. And I think perhaps states may be hesitant to let go of that power " it gives them some form of independence over the federal government."

Child marriages take place across the world " Unicef estimates 12 million girls under 18 are married every year.

In Malaysia, the pressure for change has been mounting, especially after Indonesia, the world's largest Muslim-majority country, increased its minimum age of marriage from 16 to 19 last year.

Adding to the pressure was a case in Kelantan in June 2018, in which Che Abdul Karim Che Abdul Hamid, a then 41-year-old rubber trader with two wives and six children, married Ayu, a Thai citizen, who was 11.

Che Abdul Karim told the Malaysian daily Berita Harian he had known Ayu since she was a small girl, and had told himself that he would marry her one day. Ayu insisted she loved him.

She was eventually separated from Che Abdul Karim and returned to Thailand's social welfare department. The man was fined US$450 by Kelantan's sharia court for marrying Ayu in Thailand without the permission of Malaysia's courts.

The incident sparked debate over the legal system and the minimum age for marriage in particular.

"The [issue] was whether she knows what love means, and is that really what she wants as something that's impulsive of a child, or is this a decision that she has seriously thought about?" says Majidah of SIS.

Penan villagers look out of the windows of their longhouse in Long Menapa, Belaga, Sarawak, home to a total of 225 people. Photo: Sherlyn Seah alt=Penan villagers look out of the windows of their longhouse in Long Menapa, Belaga, Sarawak, home to a total of 225 people. Photo: Sherlyn Seah

Noor Aziah Mohd Awal, Suhakam's children's commissioner, says children are often unaware of the consequences of sexual relations and indulge out of curiosity. Education is therefore key.

"The way I look at it, you must solve the first, prime, most important issue, which is sex before marriage and these children's sexual activities," says Noor Aziah, 58.

Girls also need to be made aware of their options after falling pregnant.

"Just because you get pregnant, doesn't mean you have to get married immediately. The reality is that there are options, and these options must be offered to the girl," says Majidah.

"And if she gets pregnant, let's say at 13, 14, 15, these are mistakes, but this is still a mistake that a child has made. You don't give an adult solution to a mistake that a child makes."

Sarawak minister Fatimah says more must be done to ensure girls put education before marriage.

"Society gains when women are empowered educationally and economically. Don't let them drop out from school, don't marry them off before 18," she says.

Spearheaded by Fatimah's ministry, Sarawak's One Stop Teenage Pregnancy Centre was established in 2014 to help girls consider their options and to make it easier for teenage mothers to return to school or seek employment.

The centre comprises various agencies, such as the health, social welfare and education departments, and NGOs. In an effort to prevent teenage pregnancies, the ministry has hosted talks in schools since 2016.

Raja says SWWS has developed a one-day programme on healthy relationships, which helps teenagers think through factors which lead to teen pregnancy, and the consequences for both parents.

While primary school is mandatory and public schools are free for Malaysians, further education is optional.

As children's commissioner for Suhakam, Noor Aziah is campaigning to make secondary school compulsory and free across the country.

She says: "Since we know one reason why children get married, which is poverty, we must solve that problem. Families must be given assistance. School must be free."

Teach For Malaysia (TFM) is a not-for-profit organisation that aims to give all children quality schooling opportunities.

Founded in 2010, the organisation trains and sends teachers into high-need schools across Malaysia, with the teachers' salaries being paid by the Ministry of Education. As of last year, TFM has partnered with 174 schools and 452 teaching fellows to benefit 130,000 students nationwide.

​At a Girl Guides march in front of parliament in November 2018, a number of ministers stepped out to meet the group, including Maszlee bin Malik, Malaysia's former education minister. Photo: Girl Guides Association Malaysia alt=​At a Girl Guides march in front of parliament in November 2018, a number of ministers stepped out to meet the group, including Maszlee bin Malik, Malaysia's former education minister. Photo: Girl Guides Association Malaysia

Back in November 2018, a group of 40 Girl Guides armed with hand-drawn posters marched in front of the parliament house in Malaysia's capital, Kuala Lumpur. Their posters depicted unhappy young girls of different races, and were adorned with phrases like "child marriage is child abuse", "no more child marriage" and "no brides under 18".

For some, the event was seminal. It gained the attention of local media and some ministers, putting a spotlight on the issue.

One of the newest movements is the End Child Marriage Malaysia campaign, spearheaded by Kiirtaara Aravindhan and Aaliyah Hasna, both in their mid-20s.

The pair started the campaign last year after taking part in the Association of Southeast Asian Nations (Asean) Youth Social Journalism Contest, in which they had to come up with a movement tackling government transparency.

Primary school SK Batu Keling located in the Sungai Asap town of Belaga, Sarawak. The school has around 900 pupils from various indigenous groups such as the Penan, Kayan, Kenyah, Bukitan and Lahanan tribes. Photo: Sherlyn Seah alt=Primary school SK Batu Keling located in the Sungai Asap town of Belaga, Sarawak. The school has around 900 pupils from various indigenous groups such as the Penan, Kayan, Kenyah, Bukitan and Lahanan tribes. Photo: Sherlyn Seah

"We were trying to incorporate something which is also a social cause, and we were thinking about the biggest issue in Malaysia, so we chose child marriage," says Aravindhan.

Their campaign clinched second place.

The duo are not the only youth speaking out. Back in Sarawak, young volunteers are jumping on board.

"We've been developing a younger profile in the last couple of years, and that's because the young people who have come in recently have been very happy to engage on social media," says Raja of SWWS.

The founders of SWWS are all in their 60s, but Raja hopes to get more youth volunteers registered. To date, it has 20 such members, among them Alexandra John, 29, who is the group's assistant secretary and also volunteers at other organisations, including the Sarawak Dayak Graduates' Association, a group connecting indigenous graduates.

She says young volunteers are important as they bring new perspectives. "If the membership is skewed to the understanding of older people, the younger people won't be engaged," she says.

SWWS' plans include hosting a workshop on child personal safety and women's issues for new members, and a monthly programme focusing on child personal safety, healthy relationships and domestic violence. Both will be held in remote communities.

While SWWS continues to work at the community level, SIS will maintain its push for legal reform.

"As an NGO, we are limited by funding. So we have to pick where our resources go. Right now, we feel that the biggest change we can do is at a policy level. At least you make it illegal first for child marriage to happen," says Majidah of SIS.

Activist Robyn Choi. alt=Activist Robyn Choi.

Meanwhile, the Malaysian government has taken a big step forward, this year launching a national five-year plan to target the causes of child marriage. The plan mentions six contributing factors, and outlines ways to address each one.

These include policies to increase access to education and attendance in schools, and ensure that laws, rules and guidelines on child marriages are in line with government policies guarding the well-being of children.

This plan, however, has met with mixed reviews. Though excited, Thammy Chong, international commissioner of the Girl Guides Association Malaysia, is sceptical. "The plan looks great, but how the government can actually execute things at the grass-roots level is still a very big challenge," says Chong.

Sheena Gurbakhash, 54, president of Malaysia's Association of Women's Lawyers, also has doubts.

"On the face of it, it looks good " provided that it's implemented as it should be. And then we have to wait five years to actually see the end of child marriage," she says.

The challenge, says Gurbakhash, is to keep the issue "on the radar, because it's public outrage that is actually going to make people say 'hey, you know what, this is supposed to stop'."

Gurbakhash hopes the new Perikatan Nasional government will commit to ending child marriages.

Robyn Choi, 51, former secretary general of the National Human Rights Society (Hakam), also thinks five years is too long. She is calling for definitive change, such as legitimising children born out of wedlock, and removing criminal sanctions against unwed mothers under sharia law.

* Names have been changed to protect identities

This article originally appeared on the South China Morning Post (SCMP).

Copyright (c) 2020. South China Morning Post Publishers Ltd. All rights reserved.