Monday, January 31, 2011

if i can rule the world...i will_____

hmm...if i can rule the world..first n foremost..i want to rule MALAYSIA..why???
because nowadays..MALAYSIA have faced many social problems ..


'Between social change and law'

There are no easy answer- legal,social,religious or political- to the controversy surrounding the marriage of a 14-year-old girl to a 23-year-old man.

When laws are drafted,lawmakers lay down general rules of conduct.They usually have in mind the average citizen over 21 years old.When the judge interprets the law,he usually speaks in terms of the average,reasonable man.Hence,in a world of average,reasonable men,law making is far less complicated.

But the world is full of exceptions,and the old adage has reason in it,that the exceptions test the rule.The exception in this context is that Muslim girls below the age of 16 and Muslim men below the age of 18 can marry only with the Syariah Court's consent.

Minister in the Prime Minister's Department,Datuk Seri Jamil Khir Baharom,was reported to have said the marriage was legal as it had the Syariah Court's consent.It's refreshing to know and to see that the minister is answering the controversies around the issue and not sweeping it under the carpet.

The Syariah court's decision in this case seems to contradict decisions on the matter by Al Azhar Al Sharif,the highest religious body in the Sunni world,through a manual on the rights of Muslim children.Marriage in Islam is regulated by certain rules,namely,childeren must reach puberty and maturity so that they can get married.

The Convention on Children Rights (CRC) defines a child as a person less than 18 years old.Whereas,under Shari'ah law,a child has no legal capacity except when he/she has reached the age of puberty.It is based in effect on the Islamic principle of 'akl (reason) which may not necessarily be 18 years old.The child acquires that capacity when he/she reaches the age which Islamic law presumes him/her to have acquired 'akl.This is different in the various schools of thought,but it would appear that "maturity of mind" in the context of certain transactions gives the child a limited capacity.

In Islamic law,on attaining puberty,a marriage may only be permissible;it is not mandatory by any interpretation.Neither the Quran nor the Prophet prescribed any fixed age for puberty or marriage.From the legal perspective,several studies have highlighted powerful critique of such laws,the lacunae in it as well as the confusion,contradictions,and lack of gender sensitivity inherent in the various statutes dealing with the age of marriage,the age of consent ,and the validity of marriage.

Many of these weddings are furtive and hurried.This not only deprives a young girl but also militates against opportunities to think through,especially on practical and interpersonal readiness for marriage.Significant suggestions as to actions which can be taken by interested persons and, NGOs to challenge and change the existing situation are also proposed in such studies.These outline strategies to help those who have been married at an early age,and for the prevention of the marriage through education.advocacy and alliance-building.

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