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Young bride: an analysis on the application of the minimum age of marriage in Malaysia

Parents choose to marry off their daughters early for a number of reasons. Poor families may regard a young girl as an economic burden and her marriage as a necessary survival strategy for her family. They may think that child marriage offers protection for their daughter from the dangers of sexual...

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Main Authors: Md Hashim, Noraini, Che Soh @ Yusoff, Roslina
Format: Conference or Workshop Item
Language:English
English
Published: 2013
Subjects:
KBP Islamic Law
Online Access:http://irep.iium.edu.my/34835/1/PP_for_Yogyakarta_Underage_marriage.pdf
http://irep.iium.edu.my/34835/4/34835.pdf
http://irep.iium.edu.my/34835/
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spelling my.iium.irep.348352015-09-21T03:12:29Z http://irep.iium.edu.my/34835/ Young bride: an analysis on the application of the minimum age of marriage in Malaysia Md Hashim, Noraini Che Soh @ Yusoff, Roslina KBP Islamic Law Parents choose to marry off their daughters early for a number of reasons. Poor families may regard a young girl as an economic burden and her marriage as a necessary survival strategy for her family. They may think that child marriage offers protection for their daughter from the dangers of sexual assault, or more generally, offers the care of a male guardian. Young bride may also be seen as a strategy to avoid girls becoming pregnant outside marriage. In Islam, although there is no clear injunction under the Quranic verse or Hadith (prophetic tradition) specifying minimum age of marriage, the Malaysian government has taken step to specify minimum age of marriage as a preventive measure to protect the young bride under the provision of Islamic Family Law Act and Enactments for the Muslims. There are many complex range of issues relating to young bride that need to be taken into account when assessing a provision on minimum age of marriage which more or less option giving. For instance whether or not there is minimum age of marriage; whether the marriage of this young bride legal, if so, with whose consent and under what conditions; whether or not ijbar (compulsion in marriage) is permissible and if so, who is recognised as having power whether or not the marriage is illegal and subject to penalties. This paper is to enlighten as to the issue of young bride in Malaysia by analyzing the relevant provision under the Islamic Family Law Federal Territories Act 1984 (Act 303) and decided under the Shariah Court. Keywords: Child, minimum age, marriage, reason, legality 2013 Conference or Workshop Item REM application/pdf en http://irep.iium.edu.my/34835/1/PP_for_Yogyakarta_Underage_marriage.pdf application/pdf en http://irep.iium.edu.my/34835/4/34835.pdf Md Hashim, Noraini and Che Soh @ Yusoff, Roslina (2013) Young bride: an analysis on the application of the minimum age of marriage in Malaysia. In: International Confetrence of Law and Society (ICLAS 1), 15th-18th Feb. 2013, Jogyakarta, Indonesia.
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
English
topic KBP Islamic Law
spellingShingle KBP Islamic Law
Md Hashim, Noraini
Che Soh @ Yusoff, Roslina
Young bride: an analysis on the application of the minimum age of marriage in Malaysia
description Parents choose to marry off their daughters early for a number of reasons. Poor families may regard a young girl as an economic burden and her marriage as a necessary survival strategy for her family. They may think that child marriage offers protection for their daughter from the dangers of sexual assault, or more generally, offers the care of a male guardian. Young bride may also be seen as a strategy to avoid girls becoming pregnant outside marriage. In Islam, although there is no clear injunction under the Quranic verse or Hadith (prophetic tradition) specifying minimum age of marriage, the Malaysian government has taken step to specify minimum age of marriage as a preventive measure to protect the young bride under the provision of Islamic Family Law Act and Enactments for the Muslims. There are many complex range of issues relating to young bride that need to be taken into account when assessing a provision on minimum age of marriage which more or less option giving. For instance whether or not there is minimum age of marriage; whether the marriage of this young bride legal, if so, with whose consent and under what conditions; whether or not ijbar (compulsion in marriage) is permissible and if so, who is recognised as having power whether or not the marriage is illegal and subject to penalties. This paper is to enlighten as to the issue of young bride in Malaysia by analyzing the relevant provision under the Islamic Family Law Federal Territories Act 1984 (Act 303) and decided under the Shariah Court. Keywords: Child, minimum age, marriage, reason, legality
format Conference or Workshop Item
author Md Hashim, Noraini
Che Soh @ Yusoff, Roslina
author_facet Md Hashim, Noraini
Che Soh @ Yusoff, Roslina
author_sort Md Hashim, Noraini
title Young bride: an analysis on the application of the minimum age of marriage in Malaysia
title_short Young bride: an analysis on the application of the minimum age of marriage in Malaysia
title_full Young bride: an analysis on the application of the minimum age of marriage in Malaysia
title_fullStr Young bride: an analysis on the application of the minimum age of marriage in Malaysia
title_full_unstemmed Young bride: an analysis on the application of the minimum age of marriage in Malaysia
title_sort young bride: an analysis on the application of the minimum age of marriage in malaysia
publishDate 2013
url http://irep.iium.edu.my/34835/1/PP_for_Yogyakarta_Underage_marriage.pdf
http://irep.iium.edu.my/34835/4/34835.pdf
http://irep.iium.edu.my/34835/
_version_ 1643610690486796288
score 13.211869

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