Perkahwinan Kanak-kanak Di Malaysia: Had Umur Minimum Dan Implikasinya

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.