The Malaysian Insider :: Opinion
The Malaysian Insider :: Opinion |
| Will we stagnate with the status quo? Posted: 06 Jun 2013 05:02 PM PDT
JUNE 7 — During the election period last month, I was pretty adamant about wanting to see change, whether it be a change in government, or at least a change in governance. I had many discussions, conversations and even debates with fellow journalism colleagues, friends and family about this. One of the conversations I had was about how if the federal government were to change, or even if certain ministers or MPs were to lose, what effect it would have. One of the first things that came to my mind was that many businessmen who operated because of their "network" in the government would be out of business. Say, for example, if a local businessman was awarded a project by the local MP because they were friends or acquaintances. What would happen then if that MP lost during the election and the opposing party took power in that area? Would that local businessman lose business? A lot of people I spoke to said that Malaysia being Malaysia, then of course that businessman would lose his opportunity to do business. Obviously, this deduction is based on the assumption that the businessman was awarded projects due to cronyism and not merit. I stated very strongly that these are the kinds of business operations that we do not need in Malaysia and we should get rid of them. Can you imagine that some people could actually say to me that we should not try to "kacau periuk nasi orang", and that these people actually chose the status quo based on this reason? First of all, businesses like these actually kill off the many who conduct ethical operations. What about their "periuk nasi" then? And, if there was a proper governance system in place, do you think a change in government would actually affect your "periuk nasi" if you were doing business the right way? The way I see it is that what we're lacking is a proper system in place that would safeguard and protect businesses and operations, or "periuk nasi." A company's dealings with the government should not change just because the government representative changes. They are supposed to deal with the government and not an individual. So a good system would not jeopardise anything if someone new takes over (unless it was unethical deal in the first place, as I had mentioned before). So it strikes me as unthinkable when people claim that we need to maintain stability with the status quo because the change would be too much of a difference. These are the same people who would go around uttering things such as "better the devil you know than the devil you don't." I also find it baseless when people say that by voting a new coalition into the government, we would be voting in the inexperience. And, recently, when Umno's Datuk Ahmad Maslan promoted the idea that the top two leadership positions in the party should not be contested, I became totally irritated. Why? Because his reasons were that stability in Umno would mean stability in BN, and stability in BN would mean stability in the stock market. Now, readers, you tell me if this is a valid and legit enough reason for keeping the country's top leaders in power? The way I look at it is that Malaysia is just in desperate need of a change. And that change that we so desperately need is a change from stagnation to progression. * This is the personal opinion of the columnist. | |
| Posted: 06 Jun 2013 04:50 PM PDT
JUNE 7 — It is heartening to see that there is increasing awareness and concern among Malaysians of a problem which has lain unnoticed for decades and is usually thought to be more of an issue inflicting girls living in less developed societies and countries in South Asia, the Middle East and Africa. How many of us have reeled from the news that child marriage is not only practised in Malaysia but also tolerated and even encouraged? I have written, spoken and worked on the issue of child marriage in Malaysia for around three years now. I continue to be astounded by the reticence and dangerous naiveté demonstrated by both religious and non-religious authorities and the self-declared defenders of the faith to react on an issue which is clearly sanctioning and allowing paedophilia, sexual abuse and exploitation. In the past month, we have been shocked (yet again) by the news of a 40-year-old man marrying the 13-year-old girl he had raped (who was around 12 when she first encountered him). There have been many similar cases. Most do not see the light of day. There was the 23-year-old religious teacher who married his 14-year-old student during a Federal Territory Islamic Affairs Department (JAWI) organised mass wedding in 2010. The department was attempting to normalise such unions and demonstrate that there was nothing wrong with such marriages. That same year saw a 40-year- old religious leader take on an 11-year-old girl as a fourth wife.
Children marrying children, and later having children. If this video does not make your skin crawl, imagine if the girl were your daughter instead; 2012 ended with the news of a 19-year-old marrying a 13-year-old child in Kedah. There have been too many cases of teenage pregnancy and statutory rape solved simply by marrying off the perpetrators and victims. The thinking being if they are married how can there be rape; if they are married, the pregnancy is not a problem. It is very clear that marriages of very young children with much older men is being tolerated and even encouraged in the misguided and simplistic belief that marriage will solve statutory rape, premarital sex, teenage pregnancies and the abandonment of babies. Kahwin untuk mengelak dari maksiat dan zina (Marry to avoid committing vices and illicit sex). How many times have we heard that simplistic phrase being uttered? How cheaply are our children being married off simply to make ourselves feel better? The tragedy of it all is compounded by the fact that in our country it is supposed to be hard or even impossible to marry a child, regardless of whether you are Muslim or non-Muslim. Laws already exist which are supposed to provide the necessary legal protections. If you are a non-Muslim, it is illegal for you as a man to be married if you are under the age of 18. If you wanted to marry a girl between the ages of 16 and 18, you would need the involvement and authorisation of the mentri besar. Any non-Muslim girl below the age of 16 is not allowed to get married. There are absolutely no exceptions. However, if you are a Muslim, such protections are less certain. The minimum ages for marriage under the Islamic Family Laws of the various states in Malaysia are 18 years for men and 16 for women. However, there is a built-in exception in the law which allows for an earlier age of marriage (usually in the case of girls) with the permission of the syariah judge (with their parents' permission) on a case-by-case basis. However, there is no minimum age limit. There have even been 10-year-olds who have been granted permission to marry. The permission from the court seems to also be easily given, judging from the increase of 35 per cent between 2008 and 2010 in underage marriages of which 90 per cent involved girls under the age of 16. The syariah court, rather than being the protector and acting in the best interests of the child, has now become an enabler of child marriages. If you were the syariah judge presiding over the case of a 40-year-old man applying to marry a 12-year-old child, how would you go about deciding whether or not the marriage should proceed? Would you call in a child psychologist, or other specialists to testify as to the state of mind of the girl? Would you interview the parents? It is a shock for many to learn that very often such decisions are made solely on whether the parents have given consent and the physical appearance of the girl: whether she has reached puberty, has begun her period, has developed breasts and looks like an adult woman. The courts, rather than basing its decision on whether or not a person that young is fit and properly prepared in both mind and maturity to be married, instead mainly bases its decision-making on whether the child is able to have sex and reproduce. Untuk mengelak dari maksiat dan zina. Basically the child is not considered as a child but instead is reduced to a sex object. Yes, it is that simplistic and that horrifying. The existing laws are meant to protect our girls, not make it easier for older men who are turned on by the bodies of nubile pubescent children. Let's get another thing straight, the attraction for these men is almost entirely physical. What does it say of an adult man who applies to the court to marry a child? In every single case where a much older man has had sexual relations with a child, isn't this considered a form of paedophilia, sexual exploitation and child abuse? Why are we then not prosecuting the perpetrators for statutory rape and sex abuse? Why are our syariah judges allowing them to marry the children? Why are the syariah courts not protecting our girls? No matter what she has been through, or how she presents herself, in these circumstances a 13-year-old girl is always a victim. Every child who has been sexually exploited by an adult must receive immediate medical and therapeutic treatment. A forensic interview needs to be conducted by a trained professional to collect the information necessary to prosecute the perpetrators. Let us make no mistake. This is sexual exploitation. We do not marry these girls off to make the problem go away. Marrying off children is not a solution to anything. Much has been said about the 2000 Population and Housing Census which revealed that 6,800 girls under the age of 15 were married. The same survey also showed that there were 235 children between the ages of 10 and 14 who were already widowed and 77 divorced or permanently separated. What has not been mentioned anywhere is that the same census that was later conducted in 2010 indicated that the incidence of children below the age of 15 years who were married had suddenly shrunk to zero. Absolutely zero. We know that to be untrue. Living in denial will not help us. Denial is a disservice to the thousands of girls who we know are in child marriages in this country. There are severe lifelong negative consequences when children are married to older men. These children are less likely to complete their education, which will deprive them of opportunities and to be able to realise their full potential. A child wife is also less likely to be able to carry out and perform the culturally expected duties of a wife due to the lack of maturity (emotional, physical and mental), experience and life skills. She is just a kid after all. The husband will get frustrated and angry and as a result of her vulnerability it is very likely that the child is at higher risk of being physically, sexually and mentally abused. She might contract sexually transmitted diseases. She will almost certainly be expected to be pregnant. The risk of death in pregnancy and delivery for girls under the age of 15 is five times higher than for women in their 20s. Divorce is also a real possibility. How then do you help girls who are divorced at 15, have a child and have experienced physical abuse? We need to be courageous in facing up to the difficult realities which we allow to persist in our societies. Addressing this issue should not take a Herculean effort. The same future that we wish for our daughters should also be possible for these girls too. Protection under the law is critical. We need to enforce existing laws to enable for girls to be protected. Surely we do not need to delve into ideological and theological discussions simply to establish and reinforce the fact that we need to protect our girls and boys from sexual predators, paedophiles, rapists and acts which expose them to harm and exploitation. Surely we can agree on that. What does it say about us as Malaysians that we continue to allow such practices to continue? Child marriage is NOT the solution to preventing or addressing the issue of rape. It IS rape. I am making a call to action. You can help change this and put a stop to child marriage in Malaysia. From now till June 21, I ask that you join me and write "Say No to Child Marriage in Malaysia" or some similar message on a piece of cardboard, coffeeshop napkin or paper. I ask that you and your friends join in by snapping a photo of yourself with the message and posting it on your Facebook page or on facebook/childmarriagemalaysia, Instagram and Twitter (#childmarriage) and explain why you are doing so. Let the world know that we here in Malaysia stand united against child marriages. Enough is enough. Do it for ourselves, children, daughters and our future. * This is the personal opinion of the columnist. |
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