The Malaysian Insider
The Malaysia Syariah Court has come under fire from women's rights groups for allowing an alleged rapist to marry his victim who was only 13 years old when she tied the knot last year.
Women's Aid Organisation (WAO) executive director Ivy Josiah said the court should not have consented to the marriage, explaining that it was not a “young marriage” but a “child marriage”.
"Since the girl was only 12 years old, the court must have given them permission to marry. This decision is unacceptable and wrong," she told The Malaysian Insider yesterday.
Under Syariah law, girls below the age of 16 and boys below 18 must get the consent of the Syariah Court before they can marry.
A local daily today reported that Nor Fazira Saad and her alleged rapist Mohd Fahmi Mohamed Alias were married last year because she had been raped.
Their marriage made the news last year, where Nor Fazira's father Saad Mustafa had insisted that “it was better for them to get married than to do something that is not good”.
The couple, who have since divorced, have been thrust into the spotlight again when allegations of rape resurfaced.
Saad was reported as saying that his daughter had lodged a report in July last year claiming that she was raped by two teenagers and Mohd Fahmi.
However, Mohd Fahmi’s parents apparently begged Saad to withdraw the report, fearing that their son will have to bear a harsh punishment for his actions.
"They pestered me for five nights until I decided to withdraw the report six days later... as a father I understand their concern for their son," Saad was quoted as saying.
The marriage was solemnised after both families obtained permission from the Kulim Syariah Court.
Sisters In Islam, which has been a long-time advocate against child marriages, noted that the law had failed to protect the interest of the child.
"The case highlights a legal loophole in Islamic family law that allows an alleged perpetrator to escape further investigation through marriage... by becoming a husband," said its programme manager, Suri Kempe.
"It is deplorable that marriage is being used by alleged rapists as a way to escape prosecution."
The government, she said, had a responsibility to “act upon its pronouncements” and stop rapists from “manipulating religion and culture”.
"The law should reflect the weight Islam puts on protecting children and simultaneously recognise a child’s right to life, health and education as a basic human right.
"The best interest of the child was clearly not a consideration when the Syariah Court approved this marriage application," she said, adding that Muslim and non-Muslim children should not be treated differently.
Josiah said the Syariah Court should be educated that child marriages were unacceptable and outrageous.
"Even health wise, a 13-year-old's body is not ready for child-bearing and such. She is still a child," she said.
She revealed that in the 30-year history of the WAO, there had been similar cases, where men have deliberately raped women to marry them.
"And when their families find out that their daughter has been tarnished and violated, she is deemed not valuable. That no one else will marry her.
"So they marry her off to the perpetrator.”
WAO and other women's groups, Josiah said, have to educate people that rape is a violation and that the woman is the victim.
"That is why rape survivors feel their life is over and why not many of them report their ordeal to the police. This public perception has to change."
Meanwhile, Suri called on the government to amend the “flawed” provision in the law which allowed child marriages.
"We urge the government to make child protection a priority by amending this flawed provision in the law.
"They must put a complete stop to the practice of child marriage, as it entails many economic, social and health risks, and does not protect girls or secure their future," she said, and urged the police to investigate Nor Fazira's rape claims. – November 30, 2013.
*Article first appeared on http://sg.news.yahoo.com/critics-slam-syariah-court-allowing-child-marri...