Indonesia has raised the legal marriage age to 19 : When will Malaysia?



Wanita MCA welcomes the move by the Parliament of Indonesia which has revised the country’s marriage law to elevate the minimum age of consent to which a woman may tie the knot by three years to 19 years.

Based on news reports, it is most encouraging that all factions in its Parliament had agreed to the amendment at a plenary session on 16 Sept 2019. This indicates that all political parties had set aside differences in political ideology and affiliation in pursuit of universal values to safeguard the welfare and future of minors.

As was exercised in the enactment of the Sexual Offences Against Children Act 2017 which received bipartisan support, Wanita MCA hopes such legislative amendments at both federal and state levels will likewise secure unanimous support irrespective of political identity.

Being the most populous Muslim nation in the world, Indonesia has shown the world how progressive and serious it is in overcoming child marriages in its archipelago.

Considering that child marriages in Gua Musang and Tumpat in Kelantan had stirred outrage and grabbed national headlines last year, in particular, Wanita MCA also urges the state government of Kelantan to amend their current state enactments to increase the legal marriage age to 18 years.

By reducing the number of child brides via legislation, Malaysia can stand tall in the forefront of lessening sexual abuse, domestic violence, child grooming, paedophilia and even pre-teen motherhood. Research also indicates that early childbirth poses health issues later in life.

Meanwhile, rather than being saddled with child birth and upbringing, teenage girls can continue with their education or pursue vocational skills, thereby, lifting them out of poverty which most child brides would be stuck in after their nuptials and dropping out of school.

Child marriage also violates Articles in the Convention on the Rights of the Child (CRC), which affirms that a child has an inherent right to life, health and education while Article 16(2) of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) outrightly prohibits child marriage.

Except when sexual intercourse by a man with his own wife by a marriage which is valid under any written law for the time being in force, Section 375(g) of the Malaysian Penal Code reads that any male who has sexual intercourse with a female under the age of 16 years with or without her consent is deemed to have committed rape. Hence, the onus is on the government today to wait no longer and table a Bill to revise the legal age to wed.

While child marriage controversy has fallen into oblivion in recent months due to the inactivity and apathy of the Deputy Prime Minister Dato’ Seri Dr Wan Azizah and her Deputy in the Ministry of Women, Family and Community Hannah Yeoh to pursue this matter, the Pakatan government can salvage its sinking reputation if its wields the courage and boldness to table a Bill to outlaw child marriage and increase the legal marriage age to 18 years.

Datuk Heng Seai Kie
Wanita MCA National Chairperson

-MCA online-