Malaysian human rights lawyer leads outrage over child marriage: 'Why are we dillydallying in protecting a child?'

Norazila and Ayu were best friends and they shared everything that girls do - sleepovers, selfies, musings about cute boys.

But their friendship, which had blossomed in their placid hamlet in northern Malaysia, was destroyed late last month when Norazila, 14, discovered that Ayu, 11, had secretly become her father’s third wife.

“My best friend is my stepmother now,” Norazila, whose family name is Che Abdul Karim, said as she scrolled through her Facebook page filled with posts of the girls posing with adolescent pouts and fingers forming peace signs. “It doesn’t make any sense.”

Ayu’s marriage to Che Abdul Karim Che Abdul Hamid, a 41-year-old rubber trader with a prominent role at his mosque and a fleet of fancy cars, has reignited debate in Malaysia about the persistence of conservative Islamic traditions in this modern, multiethnic democracy.

In its election manifesto, the opposition coalition that won power in May promised to outlaw child marriage.

“This is a practice from many centuries ago, and at this stage in Malaysia’s growth and development, child marriage is not acceptable,” said Charles Santiago, a lawmaker with the governing coalition.

But ever since outrage over Ayu’s case erupted on social media in Malaysia – after Mr Che Abdul Karim’s second wife posted pictures on Facebook of the marriage ceremony with a sarcastic “happy wedding” message to him – critics say the new government, under the guise of religious freedom, has done too little to protect minors.

Malaysia’s deputy prime minister, who also serves as minister of women, family and community development, called the marriage an “alleged incident”. The minister, Wan Azizah Wan Ismail, said last week: “It would be unjust to lynch someone on social media because of how we feel about the issue.”

Dr Wan Azizah, who has previously expressed opposition to child marriage, declined to discuss Ayu’s case because it involved ongoing investigations by several government agencies, including for the crime of sexual grooming.

Last year, Malaysia criminalised sexual grooming, in which an adult creates an emotional bond with a child for the purpose of sexual exploitation.

“The girl is a victim, no doubt about it,” said Latheefa Koya, a prominent human rights lawyer. “Why are we dillydallying in protecting a child? The lack of serious urgency about this case is disturbing,” she added.

“As a Muslim, I am offended by the idea that we should not protect a child because of an assumption that this has something to do with Islam,” Ms Koya said.

Ayu was taken to a hospital for a virginity test this month, but later the same day was reunited with her husband and has been with him often since, family members said.

“I love her,” Mr Che Abdul Karim said by phone, stressing he would not “touch” his new wife until she was 16 years old.

For her part, Ayu said in a text message that she loved her husband, who has six children with his two other wives. She used a heart emoticon to describe him.

Constitutionally, Malaysia’s legal system is bifurcated. Non-Muslim Malaysians, mostly from the nation’s ethnic Chinese and Indian minorities, are bound by civil law. Under the law, unless special consent is given by a high ranking state minister, Malaysia’s non-Muslims cannot get married until they are 18.

The country’s ethnic Malay Muslim majority, however, must hew to Islamic law. A Shariah court must grant permission for minors younger than 16 to marry. If a Muslim receives approval from Shariah authorities, there is no minimum age for marriage.

“In Islamic procedure, as long as a bride agrees, her parents agree and the girl has had her menstrual period, then a marriage is OK,” said Sayed Noordin, the imam at the Kuala Betis mosque that Mr Che Abdul Karim attends.

“Che Karim is a good Muslim,” Sayed added. “He always comes for prayer, and he is a responsible man.”

But Mr Che Abdul Karim did get in minor trouble for not following all the requirements for a child marriage. The Shariah Court in Kelantan this month fined him $450 (£342) for the infraction of marrying Ayu in neighbouring Thailand without the court’s permission.

Malaysian child rights activists said that about 15,000 girls under 15 were in child marriages in 2010. Globally, Unicef estimates that there are about 650 million girls and women of various faiths who were wed before they turned 18.​

But an effort to outlaw underage unions for all Malaysians amid the toughening of child sex crime legislation failed in Parliament. Arguing against the ban, Shabudin Yahaya, a legislator from what was then the governing party, said that a girl as young as nine could be ready for marriage if she had gone through puberty.

“Their body is already akin to them being 18 years old,” Mr Shabudin, a former Shariah court judge, said in a parliamentary session. “So physically and spiritually, it is not a barrier for the girl to marry.”

Liberal Malays have questioned whether child marriage is truly an Islamic tradition or simply an outdated cultural practice. They have challenged the notion that the Prophet Muhammad married one of his wives when she was six, saying that she was, in fact, much older.

“We cannot use a historical error about the Prophet Muhammad to condone child marriage,” said Ms Koya. “That’s sickening.”

The New York Times