It is not to promote marriage
without consent, says expert
New Straits Times12 Mar 2018
PETAH WAZZAN ISKANDAR
AND MUHAAMAD HAFIS NAWAWI ALOR STAR
cnews@nstp.com.my Additional reporting by
Suzalina Halid
THE cross-border marriage amnesty
programme proposed by the Kedah government should be seen as a move to protect
the welfare of children born to couples who married outside the country and did
not register their union.
However, the initiative, expected to
begin next month, is not a ticket for couples to skip legal procedures here and
get married without getting the consent from their families.
The Malaysia Sharie Lawyers Association
said the programme could protect the welfare of children born from these
marriages, who had been left “stateless” as a result.
Its president, Musa Awang, said the
programme must be conducted carefully to prevent it from being used by couples
to get married outside the country without getting consent from local religious
authorities.
“It is a good initiative because due to
the geographical factor, many people in Kedah get married in Thailand,” he told
the New Straits Times Press.
He said the programme would affect
childbirth registration, status and school enrollment.
On whether it should be expanded to
other states, Musa said the matter needed to be evaluated to avoid it from
becoming a tool in promoting marriage without consent.
He said the law regarding polygamy and
the consensus for marriages were made to protect Muslims.
Thus, he said, if it such a union were
made “too easy”, it could encourage couples to get married without going
through the right procedures.
NSTP had yesterday reported that the
Kedah government was embarking on a cross-border marriage amnesty programme to
help 10,000 women who are not officially recognised as wives, having tied the
knot across the Malaysian-Thai border.
It is open to couples who married abroad
last year and earlier, with priority given to those who have children from such
a union.
Ahmad Fuad Ashari, a coordinator for
Islamic non-governmental organisation Halaqah Ilmi, said the programme could be
a solution for couples who found it difficult to register their marriage in
Malaysia and to obtain birth certificates for their children.
“We believe it could reduce the negative
public perception of such couples, even though their marriage is considered
legal based on Islamic law. It becomes a serious matter when the husband dies
as it involves inheritance and nafkah (alimony). It could result with the
family being left without any (financial) protection.”
State Religious, Tourism and Heritage,
and Public Works Committee chairman Datuk Mohd Rawi Abd Hamid said the
programme was not to encourage people to get married without consent.
He said it was to help those who have
been married for a long time but failed to register it, as well as to protect
the welfare and the future of their families.
“We have met the authorities, including
the state Islamic Affairs Department, state Syariah Judiciary Department, state
legal advisor and the state National Registration Department to discuss the
matter.
“We have briefed district Islamic
officers to make sure that their staff understand the process.
“This programme has received the green
light from Menteri Besar Datuk Seri Ahmad Bashah Md Hanipah, who want to ensure
that the future of married couples in the state is protected.”