According to the Education Ministry’s Student Database Application System, marriage was among the main reasons for rising dropout rates from 2019 to 2023.
Children’s Commissioner to the Human Rights Commission of Malaysia (Suhakam) Dr Farah Nini Dusuki said the proposed mandatory secondary schooling bill is an important step towards reducing underage marriages but protecting vulnerable girls requires a multi-pronged effort.
Education is just one aspect, said Farah Nini, who is also a senior lecturer at the Universiti Malaya Faculty of Law.
The National Strategic Plan in Handling the Causes of Child Marriages, which was launched in 2020 and expires this year, must be continued, she stressed.
The plan focuses on key factors contributing to child marriages, including low income and poverty, lack of access to sexual reproductive health education and parenting skills, as well as lack of access to education and poor school attendance.
In Malaysia, family law is contingent on a person’s religion and state of residence. For Muslims, Islamic Family Law (Federal Territories) Act 1984 (Act 303) stipulates the minimum marriage age for girls at 16 and boys at 18, except where the Syariah judge has granted his permission in writing in certain circumstances.
For marriage among non-Muslim men and women, governed by the Law Reform (Marriage and Divorce) Act 1976 (Act 164), the legal minimum age is 18, but females aged 16 and over can marry with a special licence from the Chief Minister.
In 2022, Selangor and Kedah amended their state laws to raise the minimum age for girls to 18.
When contacted, the Women, Family and Community Development Ministry said a steering committee would evaluate the national strategic plan before a final decision on the new plan is made.
Child activist and Yayasan Chow Kit founder Datuk Dr Hartini Zainudin said research indicates that for every additional year of secondary education, a girl’s likelihood of marrying before the age of 18 decreases by 5% to 6%.
Stricter enforcement of minimum marriage age laws across all states, alongside better access to quality secondary education, must be a priority in the next strategic plan, she asserted.
Sex education
Women’s Aid Organisation (WAO) executive director Nazreen Nizam said comprehensive sex education (CSE) must be given to girls in school.
She explained that when girls are informed about their bodies, choices, and the consequences of early marriage, they are more likely to prioritise their education over dropping out for marriage.
“Young girls can be more vulnerable to manipulation and coercion, as they might not fully comprehend the implications of sexual activities or the legal protections available to them.
“It is important to teach girls about bodily autonomy and the importance of consent, emphasising that consent must be freely given, reversible, informed, enthusiastic and specific,” she said.
Farah Nini said CSE, if taught effectively, will go a long way in preventing girls from getting pregnant out of wedlock.
“Although it is a known fact that there are contents on CSE in both primary and secondary schools, it is questionable whether children obtain its maximum benefit,” she said.
