Child marriages and the right to education: The legal and social perspectives
Recently, Malaysians were alarmed with the shocking news of a marriage between 11-year-old Thai girl and a 41-year-old Kelantanese man that took place in Thailand. Though the marriage was valid as it fulfilled all the requirements under Islamic Law, it could not be registered in Malaysia without...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
2019
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| Subjects: | |
| Online Access: | http://eprints.unisza.edu.my/6238/1/FH02-FUHA-19-26354.pdf http://eprints.unisza.edu.my/6238/ |
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| Institution: | Universiti Sultan Zainal Abidin |
| Language: | English |
| Summary: | Recently, Malaysians were alarmed with the shocking news of a marriage between
11-year-old Thai girl and a 41-year-old Kelantanese man that took place in Thailand. Though
the marriage was valid as it fulfilled all the requirements under Islamic Law, it could not be
registered in Malaysia without the consent of a Syariah Court as the bride was below the
minimum age permitted by Malaysian Law. The man was prosecuted and received a penalty,
but the girl remains as a wife. Being a wife, she would shoulder a lot of responsibilities and
must also be able to sacrifice a lot of things. It was reported that the man allowed the girl to
continue religious schooling, but it was declined by the latter. Without sufficient knowledge
and experience, the girl’s future would solely depend on her husband and the parent. Thus,
this research paper aims to study on the issue of child marriages in Malaysia and how it would
affect children legally and physiologically. This paper also intends to examine on the right to
education with special reference to married children. This research paper adopts qualitative
methodology by examining relevant statutory provisions, decided cases, international treaties
and articles from selected journals. It is therefore suggested that special care should be placed
on the married children, particularly on their right to education and their right to be able to
hold the future at their own hands. |
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