KUALA LUMPUR, Jan 16 – Latheefa Koya did not mince words as she excoriated successive governments in Malaysia for failing to end the practice of child marriage, which she referred to as a “festering wound” that has continued to blemish the country’s reputation.
During her keynote speech at the Malaysia Women and Girls Forum (MWGF) last December 12, Latheefa, who is co-founder and advisor of Lawyers for Liberty, said that although Malaysia has ratified the Convention on the Rights of the Child (CRC) and passed the Sexual Offences Against Children Act in 2017, the country has continued to drag its feet when it comes to banning child marriage.
“Within that Act, there are clear provisions which state that it is a criminal offence to groom any child. Yet, child marriage is still not banned for the Muslim girl child,” said Latheefa, who is also the former chief commissioner of the Malaysian Anti-Corruption Commission
“Let me pre-empt the usual excuse the government would give. For example, that this is a delicate issue, this is a sensitive issue, and this involves the various states.
“The federal government can set the tone by first making the amendments to ban any girl child from being married. Section 8 of the Islamic Family Law, Federal Territories Act 1984, allows marriage of any girl of 16 years,” she said, adding that for non-Muslim children, under the civil law the legal age of marriage starts at 18 years.
“So, why hasn’t the federal government amended Section 8? Several states, including Selangor, Kedah, have done so. Why have successive governments not had the political will, or the moral vision, or the backbone to put an end to this sickening and disgusting practice of child marriage?
“It would be ridiculous to say that it is not a national shame. There has been almost no progress on this front.”
Bills Brought To Parliament In A Shroud Of Secrecy
In the Q&A after her keynote address, Latheefa was asked about the Mufti (Federal Territories) Bill 2024 and how it would impact women and girls in Malaysia.
She said that the problem with most bills is that they are brought into Parliament in a shroud of secrecy .“There’s no public debate, there is no real discussion and when the bill is put before an MP, that’s when you realise something is wrong. So you have hardly any time to understand what’s the history, why the need for this bill and what is the impact.
“The Mufti Bill, when it was brought upon, they were saying that it is actually to streamline what is already there. It is to regulate things that are already there but that’s not the case.”
In a letter published on Free Malaysia Today, Latheefa wrote that clause 11 of the Mufti Bill provides for an “unprecedented new type of fatwa”, which prescribes that a fatwa issued by the mufti as chairman of the national fatwa committee “shall be binding” on every Muslim, without exception or qualification.
“This is a huge departure from the current legal position of fatwas, where Section 34(3) of the Administration of Islamic Law (Federal Territories) 1993 contains an exception for departure from a fatwa in matters of personal observance, belief or opinion,” said Latheefa in the letter.
As a result, “any fatwa on any aspect made by the mufti can potentially give rise to an offence under the Syariah Criminal Offences (Federal Territories) Act 1997. Thus, the bill will lead to the unfettered increase of the types or categories of offences enforceable against Muslims.”
We Are Done For With Conservative, Outdated, Medieval Thinking
At the MWGF, Latheefa told the audience:
“There are provisions (in the Mufti Bill) that say that a fatwa will now be a law. So if anyone comes out with a fatwa or the fatwa committee makes a fatwa and in that fatwa they say all women who wear shocking red are committing a sin, it is still a fatwa and it will be law.
“Why do you think that will never happen? Because you are assuming that there is no crazy person on the committee, you are assuming these things won’t happen, but that’s not how you safeguard.
“If the committee and the mufti is coming from a certain thinking and if he has very conservative and outdated and medieval thinking about how women should behave and decides to issue fatwa after fatwa, we are done for. So that’s just one aspect of the Mufti Bill.”
Latheefa also poured cold water on the argument that the Mufti Bill will only affect the Federal Territories, saying that if it comes into operation, the bill will be viewed as a benchmark for other states to emulate by implementing a similar enactment.
She also questioned why the government did not demonstrate the same interest and passion in amending the provision to increase the age of marriage. “If you can actually bring about the Mufti Bill, then why didn’t you do or start with the child, the underage marriage provision? Why didn’t you do that so that the different states will take you (as an example) from there?”
“Just by a tweak of one word (in Section 8 of the Islamic Family Law, Federal Territories Act 1984), you can increase it (marriage age) to 18 which will effectively ban child marriage within the Federal Territories,” Latheefa said. “So to say that, oh it is sensitive, it’s religious, I think it’s just an excuse. They can do it and they should do it.
“It’s very disappointing that we have a very silent group within the Parliament who I truly believe knows and shares the same sentiment. But because of partisan loyalty, because of the whip system, they are unable to speak out.
“And that’s a very sad, sad truth and reality of politics in this country.”
