Nik Wajis, Nik Rahim and Mochammad Sahid, Mualimin and Mohamad Yunus, Mohamad Ismail and Baharli, Nurliyana Shahira (2020) Perkahwinan kanak-kanak di malaysia: Had umur minimum dan implikasinya. Malaysian Journal of Syariah and Law, 8 (2). pp. 15-30. ISSN 1985-7454 E-ISSN 2590-4396
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Abstract
Differences of thought, understanding and interpretation of the law, and the effects of underage marriage lead to debate in society. Although there is a minimum age limit provided, but the law is seen as irrelevant to be applied nowadays because it is considered as a practice that can cause harm to children, family institutions and national development. Therefore, this article will discuss the position of child marriage according to Shariah and legal perspective. In addition, this article also discusses the position of child marriage under the Sustainable Development Goals (SDGs) as well as the implications of such marriages to children in terms of health and educational rights. This study uses a qualitative research methodology based on library research by analyzing primary and secondary documents such as the classical books (turath) and state enactments, as well as academic writings in the journals. The findings of the study indicate that there is a provision in the act and enactment of each state related to the child marriage. However, the details are not clear and specific about the reasons and factors that need to be taken into account in granting permission for child marriage. In addition, this article also found that there are negative implications on the health and educational rights of the children involved as a result of underage marriage. Therefore, this article suggested for improvement to the existing provisions in order to safeguard the welfare and rights of children.
| Item Type: | Article (Journal) |
|---|---|
| Additional Information: | 1688/87092 |
| Uncontrolled Keywords: | Child marriage, Act and enactment, Shariah, |
| Subjects: | K Law > K670 Family Law K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh |
| Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): | Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law |
| Depositing User: | Irni Izwah Abu Bakar |
| Date Deposited: | 28 Dec 2020 11:40 |
| Last Modified: | 28 Dec 2020 11:40 |
| URI: | http://irep.iium.edu.my/id/eprint/87092 |
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