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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam El-Usrah: Jurnal Hukum Keluarga
Abdol Malek, Muhammad Al-Ghazalli
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

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Child Marriage in Malaysia: Reforming Law through the Siyasa al-Shar’iyya Framework Abdol Malek, Muhammad Al-Ghazalli; Samuri, Mohd Al Adib; Alias, Muhammad Nazir
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 1 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i1.16011

Abstract

The international community sees child marriage as a traditional practice affecting children’s rights, self-development, and future. Academic literature worldwide records that child marriage harms children’s rights to health, education, and growth. Muslim scholars must engage with Islamic law frameworks to advance children’s rights in Muslim countries. Thus, Islamic law frameworks such as Siyasa al-Shar’iyya have the potential to end child marriage. Therefore, this article discusses classical and contemporary views on child marriage and focuses on Siyasa al-Shar’iyya as a framework to curb child marriage practices. This study uses a qualitative approach by applying the content analysis method to classic and contemporary Islamic legal texts. The study concluded that government could introduce legal reforms based on the framework of Siyasa al-Shar’iyya to curb child marriage. Several studies have shown that child marriage negatively impacts children’s rights and well-being. Accordingly, this could be classified as mafsada, which the authorities should avoid protecting the children’s interests. Siyasa al-Shar’iyya allows the government to prohibit any permissible act, such as child marriage, to protect the public interest. Children’s rights groups can cite such arguments to advocate against child marriage in Muslim countries.
Child Marriage in Malaysia and the Proposed Legal Reform: Views of Muslim Stakeholders and Religious Officials Abdol Malek, Muhammad Al-Ghazalli; Samuri, Mohd Al Adib
El-Usrah: Jurnal Hukum Keluarga Vol. 8 No. 1 (2025): EL-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/f97qt681

Abstract

Child marriage is widely regarded as a violation of children’s rights by the international community. The topic has generated significant public debate in Malaysia, especially following the federal government’s 2018 proposal to raise the minimum marriage age to 18 for both genders. However, this proposal faced rejection and criticism from several Muslim groups and religious authorities, who hold substantial influence over policy and law-making. This article examines the perspectives of Malaysian Muslim stakeholders on child marriage and the legal reforms aimed at ending the practice. The study involved two focus group discussions with Muslim stakeholders (n=21) and in-depth interviews with religious officials (n=22) from various Islamic authorities. The findings reveal a polarised stance on child marriage: while some stakeholders and religious officers acknowledge the practice’s harms and support legal reforms, others oppose such changes. The resistance from religious authorities and Muslim groups highlights the need for enhanced advocacy efforts on children’s rights among these influential parties to ensure successful legal reform in Malaysia.
Co-Authors Alias, Muhammad Nazir Samuri, Mohd Al Adib