Malaysia

There is no publicly available government data on child marriage in Malaysia.

Available data is irregular and inconsistent:

In 2016, the Minister of the Women, Family and Community Development Ministry (KPWKM) revealed that a total of 9061 child marriages were recorded from 2010 to 2015, which includes both Muslim and non-Muslim marriages.

The 2010 Population and Housing Census showed that a total of 80,195 girls and 72,640 boys between the ages of 15 and 19 were married. The 2000 Census revealed that child marriage is more prevalent among Malay and Bumiputera girls.

The true scale of child marriage in Malaysia is unknown. According to NGOs, the authorities are purposely withholding information from the public. In addition, many couples who take part in religious or customary weddings do not register their unions which makes it harder to report the extent of child marriage in Malaysia.

Child marriage is driven by gender inequality and the belief that girls are somehow inferior to boys.

In Malaysia, child marriage is also driven by:

● Poverty: Many families decide to marry off their daughters as a means of economic survival, particularly when they are unable to continue their child’s education.

● Traditional attitudes: There are conservative outlooks on the topics of sex and sexuality, both among Muslims and non-Muslims in Malaysia. Child marriage is sometimes viewed as a preventive and punitive measure against “sexual impropriety”, pre-marital sex and children born out of wedlock, particularly for girls as their virginity is highly valued as a marker of their dignity. Under suspicion, many parents marry off their children. Moreover, fear of prosecution, lack of information on sexual and reproductive health and social pressure drive young people to marry.

● Violence against girls: Many girls are forced into marrying men who have sexually assaulted them so perpetrators can avoid criminal charges – many times taking the girl as a second wife. Sometimes perpetrators offer money to a girl’s parents in exchange for marriage permission. This is particularly common in poorer communities, where 5000 ringgit is the “going price” for child brides. The marriage is also seen to protect the family honour.

● Trafficking: There are reports of Malaysia being a destination country for the trafficking of women and girls, namely Bangladeshi and Burmese Rohingya girls, for sexual exploitation and forced marriage.

Malaysia has committed to ending child, early and forced marriage by 2030 in line with target 5.3 of the Sustainable Development Goals.

The government did not provide an update on progress towards this target during its Voluntary National Review at the 2021 High Level Political Forum. The government has not submitted a Voluntary National Review in any High Level Political Forum since 2021.

Malaysia acceded to the Convention on the Rights of the Child in 1995, which the Committee on the Rights of the Child has interpreted to recommend the establishment of a minimum age of marriage of 18, and acceded to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1995, which obligates states to ensure free and full consent to marriage. Malaysia made a general reservation to CEDAW, declaring that its accession was subject to the understanding that the provisions of the Convention do not conflict with the provisions of the Islamic Sharia law and the Constitution of Malaysia. It also inputted specific reservations to subsections of article 16, on the right to marriage.

In 2018 the CEDAW Committee recommended that Malaysia raise the minimum age of marriage to 18 for women and men, for both civil and Muslim marriages, and require the full consent of women for any marriage.

During its 2024 Universal Periodic Review, it was raised that the government is in the process of developing a National Policy and Plan of Action on Children which will cover the issues of child marriage, child exploitation, climate change, child online protection, bullying, mental health and juvenile justice.

During its 2013 and 2018 Universal Periodic Review, Malaysia agreed to examine recommendations to set the legal age for marriage at 18 years with no exceptions, take steps to address trends in early, forced and child marriage, and adopt proper measures to prevent and discourage the practice.

Malaysia has committed to the ASEAN Declaration on the Elimination of Violence against Women and Violence against Children (2013), which acknowledges the importance of strengthening ASEAN efforts to protect children from all forms of violence, including early marriage.

In August 2023, in the Klang Valley, with the support of the Association of Women Lawyers Selangor and Federal Territories (AWL), the Pelajar Bukan Pengantin coalition launched the Larangkan Perkahwinan Kanak-kanak (Put your hands up if you think children should not be married) campaign. This campaign was placed on billboards to raise awareness on the prevalence of child marriage.

Since reports of men marrying underage girls sparked widespread protests, child marriage has become a controversial subject in Malaysia. Many stakeholders, including government authorities, do not see child marriage as a human rights violation. Statements made by religious leaders and politicians in support of child marriage contribute to legitimising the practice.

In January 2020, a five-year National Strategic Plan to Address the Causes of Underage Marriage was launched. The National Strategic Plan aims to address the main causes of child marriage, through:

● Policy and legal changes to amend the relevant laws.

● The implementation of awareness programmes and activities, including strengthening existing socio-economic programmes.

● Providing friendly reproductive health services for children and teenagers.

● Offering Technical Vocational Education and Training.

In 2018, the new Malaysian government said they were in the process of drafting a bill that would ban child marriages in the country. The Prime Minister Mahathir Mohammad also issued a directive in 2018 to all state authorities that the legal minimum marriage age was set at 18 for Muslims and non-Muslims. As of January 2020, Selangor has raised the minimum age of marriage and other four states have stated that they will do so as well (Penang, Sabah, Johor, Melaka and Perak). However, the federal government cannot enforce a ban on child marriages nationwide as seven states are not agreeable to the proposal.

In April 2016, Malaysia missed an opportunity to ban all marriages under the age of 18, irrespective of faith, as the Lower House of Parliament amended the country’s Child Act 2000 without removing the legal exceptions allowing marriage before 18.

Previously, in 2013, the government of Malaysia established a Child Marriage Task Force under the Coordinating Council for the Protection of Children. The task force consists of government agencies, academics and children’s rights activists. Since then, the task force has proposed several actions. However, the only progress reported is the development by the Department of Sharia Judiciary of a standard procedure for judges to assess child marriage applications. In 2018, the Human Rights Commission of Malaysia rejected this procedure as they considered that it will only perpetuate and not address the practice of child marriage.

In 2014, the National Fatwa Council published a fatwa declaring that child marriage is not wajib (obligatory) or sunnah (encouraged) and that it is not a healthy practice, but failed to label it as haram (prohibited).

Malaysia has a dual legal system, which means that the minimum age of marriage is determined by either civil law or Sharia (Islamic) law:

● For Muslims, the minimum age of marriage is 16 years for girls and 18 for boys. Below that minimum age, a Sharia Court must grant permission, as provided for under the Islamic Family Law (Federal Territories) Act 1984.

● For non-Muslims (bound by civil law) the minimum age of marriage is 18. Boys and girls between the ages of 18 and 20 require parental consent to be married. In addition, girls aged 16 can be married in various states provided that they or their parents have the permission of the State Chief Minister, as per the Law Reform (Marriage and Divorce) Act 1976.

It is reportedly very easy for young people to obtain permission to be married from the Sharia Court and the Chief Minister.