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3. Methodology
This study adopts a qualitative research methodology. It anticipates two stages, which will draw upon
primary and secondary sources. The first part is the library-based research on searching information
through primary sources which consist of laws of Malaysia, policies of the government, the state and the
judiciary, the rulings of the Malaysian Bar Council, the state bars while the secondary sources are consist
of online databases including CLJ Law, LexisNexis, Ebscohost, Science Direct, Springerlink, Proquest
and Emerald, documentary evidence such as statistics, relevant reports, acceptable usage policies of the
ISP company and proceedings.
4. Results and Discussions
4.1. Consent Of The Parties
According to the Shafii School of law, it is important to have the consent of the bride for a marriage
except in the case where a virgin girl is given in marriage by her father or her paternal grandfather. Surah
An Nur (24):32:
“Marry those among you who are single or the virtuous ones among your slaes, male and
female, if they are poverty, God will give them means out of his grace. For God
encompasses all and He knows all things”
Ayesha reported that the Messenger of Allah(pbuh)said:
“the marriage of a woman who marries herself without the consent of her guardian is
void”. He said this words three times. (Sunan Abu Dawud Kitab al-Nikah vol 2)
This view is summarized in the Minhaj-et-Talibin:
A father can dispose as he pleases of the hand of his daughter without asking her
consent, whatever her age may be, provided she is still a virgin. It is however
commendable to consult her as to her future husband, and her formal consent to the
marriage is necessary if she has already lost her virginity (Nawawi: 1914)
In the case of Syed Abdullah Al-Shatiri v Shariffa Salmah [1959] MLJ 137 the appellant solemnized a
marriage between his daughter and one Syed Idros. The daughter opposed to it. The appellant lost in the
first instance court. He appealed. Finally, the Appeal Board concluded that the marriage was valid and set
aside the order of the Syariah Court. Syed Idros was found disinterested with the marriage and gave his
wife a kholo’ divorce. Malaysian Syariah law provided for the importance of a marriage with the consent
of wali mujbir, nevertheless the right of wali mujbir may be contested by the party wanting to marry if the
wali refused to consent without sufficient reason (section 13 of Islamic Family Law (Federal Territories:
1984; Kelantan Islamic family Law Enactment 1983; Kedah Islamic Family Law Enactment 1984;Johor
Islamic Family Law Enactment 1990).
In civil law, according to the Law Reform (Marriage and Divorce) Act, 1976, it is important that both
parties agree or consent freely to the marriage. It is also an offence for a person to use any force or threat
to compel a person to marry against his will or to prevent a person who has reached the age of 21 years
from contracting a valid marriage (Law Reform (Marriage and Divorce) Act 1976).
4.2. International View On Rights Of Children
The rights of children are enshrined in the United Nation Convention on the Rights of the Child or
CRC. Malaysia has accepted CRC since 1995. Yemen has highlighted this issue few years back. There’s
no absence of protest against early marriage in Yemen (Mira Baz, 2010). Local development
organizations, along with U.N. agencies and the many international NGOs have lobbied since 2000 for a
law that criminalizes marriage for women younger than 18. Last year, a draft law settled on 17 as a
compromise, but it failed in parliament due to what activists describe as strong opposition from influential
conservatives. Despite many countries enacting marriageable age laws to limit marriage to a minimum
age of 16 to 18, depending on jurisdiction, traditional marriages are widespread. Poverty, religion,
tradition, and conflict make the incidence of child marriage in Sub-Saharan Africa similar to South Asia.
(Nour, Nawal M, 2006). Among the rights given to a child under CRC are:
The right to survive
Children have the right to life. Life is not just about being alive. It is about being happy and being at
peace with one self, with others and with their environment. They have the right to have proper living
conditions, food which is nutritious and medical care if they are ill. It does not matter whether they are
HIV, poor or disabled, they are entitled to be more than just alive.
Protection rights.
Nobody has the right to harm children whether physically or sexually. They have the right to be
protected from exploitation and harm and they have the right to learn how to prevent and seek help from
any abuse. According to a report issued by the United Nations, these early marriage unions violate the
basic human rights of these girls by putting them into a life of isolation, service, lack of education, health
problems, and abuse. (Sheri & Bob Stritof: 2010). The UNICEF paper states: "UNICEF believes that,
because marriage under the age of 18 may threaten a child's human rights (including the right to
education, leisure, good health, freedom of expression, and freedom from discrimination). Child
marriage, sexual violence, female genital, mutilation/cutting and child labour prevent girls from enjoying
gender equality. They must be prevented and addressed as part of global initiatives to empower women.
(UNICEF: 2010)
Development rights.
Children have the right to an education that will develop their personality and talents. They have the
right to develop their mental and physical abilities. This is to prepare them to become a responsible
member of society. They should be given an opportunity to learn to inculcate respect for their parents,
their culture, language and their country.
The right to participate.
It is suggested that all organizations concerned with children should work towards what is in the best
interest of children. Children have the right to reliable information. Thus, the mass media should provide
information that can be understand by them and they should not promote things that could harm children.
4.3. Rights of Minors with Regards to Marriage.
A question may arise as to whether we should consider marriage in order to prevent the increasing
numbers of illegitimate babies born and whether the child marriage could reduce cases of baby dumping?
Under the Islamic law, Muslim girls are entitled to get married once they reached puberty. Muslims are
subject to Islamic law.
Promise of marriage entered into by minors or their parents on their behalf have been held valid. In
Rajeswary & Anor v. Balakrishnan & Ors(1958) 3 MC 178, the High Court, following Indian precedent,
held that the age of majority for entering into a marriage contract differed from other contracts entered
into by a minor and consequently, such contracts were not affected by the general rules. Pursuant to
decided cases, it seems to suggest that a minor has a right with regards to marriage. Non-Muslims are
subject to the Federal Law. Section 10 of the Law Reform (Marriage and Divorce) Act 1976 provides for
the avoidance of marriages where either party is under minimum age for marriage.
Clause (1) of Article 5 of the Federal Constitution provides that no person shall be deprived of his
personal liberty save in accordance with the law. Article 5(1) and 8(1) of the Federal Constitution to
protect and safeguard livelihood. Specifically, there is no law in Malaysia which expressly prohibits
marriage of under aged. The parties are subject to laws such as Law Reform (Marriage and Divorce) 1976
or the Islamic laws (according to the relevant states). Therefore, children are allowed to get married as
they wish, but of course they are subject to the personal laws mentioned above.
Although the Islamic laws and civil laws clearly give rights to underaged marriage, the provisions in
the Convention of the Child give protection to children. When it comes to conflicting laws, the ones that
prevail are those made by local statutory bodies, compared to the CRC. Somehow, with these laws,
parties should not take any advantage to children, especially young children, as they have no knowledge
in marriage, what more their responsibilities!
4.4. The Situation in Malaysia
As of now, there is no law in Malaysia which prohibits marriage of underage brides and grooms.
However, those marriages are subject to the laws, such as Islamic laws or the civil laws. For those who
have reached the age of sixteen and above may marry with the consent of their parents, Kadhi or Chief
Minister or Menteri Besar (for non-Muslims). Malaysian was taken aback by the news of a father
marrying his 11 years old daughter with his friend of the age 41 years old. To make things worse the
groom has three existing marriage (Mohamad Isa Abd Ralip, 2010).
The question or issue here is will these marriages curb the excessive numbers of unwed babies or
abandoned/dumped babies cases? The authors are of the opinion that a fair balance need to be looked at
between the demands of the general interest of the community and also protection of the children’s
interest in marriages.
The justification as to whether we should allow child marriage as introduced by the Malacca
government wherein male students below 18 and female students below 16 are allowed to get married
with the permission of parents and religious courts depends on the circumstances of each case. Of course,
their objectives of getting married lie in their hands. We believe that this is one way to prevent unwed
pregnancies, to lesser baby dumping cases, sexual cases, pre-marital sex, free sex and many more. If
underage marriages can guarantee cases of unwed babies or abandoned/dumped babies, we are of the
opinion that it should be allowed. As to the age, the authors suggest that the law remained as it is as it has
already existed a long time ago. Somehow the authors are disagreeable with the idea of marriage of
children of tender age, for example as young as five years old. If those children are teenagers, reached the
age of puberty, it can always be considered as sound decision to get married, but for tender age, it actually
would amount to harm and abuse to children.
The authors would like to highlight some points in this issue, for example, where an adult married a
child; he should be punished for a heavy sentence. For a child, she may not understand the consequences
of marriages, be the responsibilities that are waiting for her. The written consent of all parties, the parents,
and especially the bride or the children must also be looked at. Make this a vital document and prominent,
without this consent, the marriage is not legal.
Marriageable age is also an important aspect here. It must be strictly and seriously adhered by all.
Even though in all enactments and statutes pertaining to marriage, marriageable act has been defined,
somehow society took for granted at this. The authors are agreeable that for Malaysia, for non-Muslim,
the marriageable age starts from sixteen onwards. If children want to get married earlier, then a written
consent from relevant parties must be obtained.
The policy maker should, when discharging their decision, adopt a liberal approach in order to balance
the demands of the general interest of the community that is to prevent underage pregnancies in Malaysia
and recent cases of babies being abandoned by their unwed mothers and the requirements of the
protection of the children’s interest in marriages.
5. Conclusions
By getting married, it does not mean that all social problems can be solved straight away, at any time
or within overnight. Marrying adolescence at her tender age will not ease the problem. Adopting the
practice of Rasulullah (pbuh) should not be a reason as Rasulullah saw did not take advantage of the
slaves system during his time even though it was the usual custom. He protects women and child in
accordance to the words of Allah swt. Islam does not prohibit such marriage; nevertheless Islam protects
children and women. Therefore the end result resting on marrying the child shall be of the best interest of
the child. This varies from one facts of the case to another. There are so many other ways to solve social
problems, such as prevention all social ills from the beginning. Sexual education may help if taught the
right way. Religious knowledge is also important as to prevent all social ills in our country. The authors
believe, education which starts right from home is the best tool to prevent all social ills. If we care and
love our children, we can prevent all these from happening. All we have to do is to provide attention, love
and affection to our children. Our children are our future.
English to Thai: A Comparative Study on Government Policy Regarding Small-sized Schools in China and Thailand: A Case Study of Shangyou County in Ganzhou City, China and Nam Phong District in Khon Kaen, Thailand General field: Other Detailed field: Education / Pedagogy
Source text - English Abstract
This research investigated government policies regarding small-sized schools in China and Thailand. The objectives of the study were: 1) To study the current situation of small-sized schools in two places; 2) To analyze the problems of small-sized schools faced by two case schools; and 3) To compare the policies adopted by two local governments.
The data were obtained from two case schools, Taozhu Primary School in Shangyou County, China and Phrathat Kham Kaen Pittayalai School in Nam Phong District, Thailand. The key informants included school administrations, teachers, students and parents from these two schools, totaling 22 people. Data analysis mainly applied the case study method in qualitative research.
It was found that the small-sized schools in both places face problems and challenges. The same problems of small-sized schools in both places were: 1) The heavy workload of teachers; 2) The lack of professional teachers, multimedia sources and scientific laboratory equipment; and 3) The students are mostly left-behind children with a lack of family education and weak learning ability. A difference between the two case study schools is that there is a relatively lower level of teacher education in the Taozhu Primary School, and teachers lack in-service training opportunities.
The policies implemented by the Shangyou County government include the Specially Contracted Teachers Plan, the Nutri-meal Plan, the Weak School Reform Plan and the Curriculum Reform Plan. Nam Phong District is implementing a project on School-based Management for Local Development and an Opportunity Expansion School model.
Thai to English: Factors farmers used for the selection of Khon kaen 3 sugarcane species in Nong Makha, Dan Chang, Suphan buri province. General field: Science Detailed field: Agriculture
Translation - English Abstract
The objective of this research is to study the general condition of Sugarcane farmers, and to study the effect of factors that influent the decision making of Khon kaen 3’s sugarcane’s farmer in the harvesting year of 2016-17. The sample group of 400 farmers used in this study are sugarcane farmers in Nong Makha, Dan Chang, Suphan buri province. The research tools used to collect information in this paper are survey, and tool to analyze factors for decision making is Logistic Regression Analysis.
The result of this study shows that there are 236 farmers who chose Khon Kaen 3 sugarcane and 146 farmers chose other species. It can be seen that farmers that used Khon Kaen 3 will have a higher average score in knowledge/received training, sweetness level, net profit, and stump management than farmer that chose other species. The average age, education, and knowledge in disease and insect control are lowered than farmers that chose other species. The majority of farmers in both sample groups didn’t have any special agreement with the sugar manufacturer to sell directly with a certain quota. Also they believe that the soil condition isn’t suitable for Khon Kaen 3 sugarcane. The critical factors for consideration of Khon kaen 3 sugarcane based on the statistic are: age, education, knowledge/received training, sweetness level, net profit, special quota, knowledge in disease and insect control, stump management, and soil condition. Other factors such as gender, experience, quantity of harvest, harvesting time, drought resistance, water sources, doesn’t have any influent in the selection of Khon Kaen 3 sugarcane
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