Maros Religious Court Determination No. 138 of 2014: Child Marriage Dispensation

The applicant sought dispensation to enable his 15 year old son (Nasri bin Sampara) to marry his 21 year old girlfriend (Sasmita binti Idris). The applicant's son was 15 years and four months, had completed primary school, and was unemployed. The applicant claimed that all relevant requirements to conduct an Islamic marriage had been met, other than that his son was not yet 19 years of age (the required age at law). The applicant emphasised the urgency of the matter given that his son and his girlfriend had already displayed signs that they intended to become physically intimate, something prohibited under Islam if out of wedlock. While the Office of Religious Affairs had dismissed his application to register their proposed marriage, the applicant submitted that there were no legitimate reasons that they should not be married.

The court acceded to the application, stating that the two had an inseparable bond, and that they would otherwise be unable to abstain from contravening morality and Islamic norms if they remained unmarried. Moreover, they were not being coerced into marriage, they were not siblings, nor had they ever shared a wet-nurse, and their engagement had been assented to by both their parents. The court saw no other reason to prevent the marriage, as envisaged in art of Law No. 1 of 1974 on Marriage, and arts 39 and 40 of the Compilation of Islamic Laws, and therefore, pursuant to art 7(2) of Law No. 1 of 1974, granted dispensation to marry.

FirstPreviousPage 1 of of 9NextLast