The AMLA Amendments - Association of Muslim Professionals

KARYAWAN
The AMLA Amendments Social Resilience
The root cause for young marriages amongst many in our
community is premarital sex and pregnancy with marriage seen as
the “cure-all” solution by the parents. Their main reason is to
ensure that the couple is married before the child is born and
what comes next is not part of the solution.
AMLA was first amended in 1999 to strengthen the roles of the Syariah Court and MUIS, and to clarify the jurisdiction
of the Syariah Court. It was amended again in 2005 to enhance the governance of MUIS.
Likely Impact of New Minimum Age
The increase in the minimum age will definitely have some positive impact in terms of reducing the number of
minor or young couples marrying. Currently, the number of minor marriages in the Malay/Muslim community is
higher than the other communities.
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The mandated requirement will make the task of the social workers and counsellors less daunting in trying to delay
the marriage of couples whom they find to be too young or unprepared for marriage. Parents will also not be able to
resort to marriage as their first option when faced with problems of a promiscuous teenager, especially those who
are already pregnant. Social workers and counsellors will be able to work with parents to look at other options to
assist their affected teenagers. Many of these teenagers might be able to channel their energy to other more fruitful
options rather than be stuck in a marriage with a high potential of breaking up in a short time.
Though young age might not be the reason for the fragile union, the reason for marriage, and the lack of emotional
and financial readiness of these couples are contributing factors towards this problem. Many are unaware of what
is required to build a family and the many challenges that they might face. In addition, these young couples have
no qualms about having babies. They do not seem to be aware or conscious about the methods and importance
of family planning and the logic of stabilising their financial situation before having children. These are all the basic
ingredients for a family to move towards being non-dysfunctional.
The root cause for young marriages amongst many in our community is premarital sex and pregnancy with marriage
seen as the “cure-all” solution by the parents. Their main reason is to ensure that the couple is married before the
child is born and what comes next is not part of the solution.
Tackling the Root Cause: Premarital Teenage Sex
Raising the minimum age will only however address part of the problem. It will not tackle the cause of the problem.
Many of the young couples assessed by counsellors have had several sex partners and seem to be oblivious to
the effects and consequences of premarital sex, including sexually transmitted infections. Their attitude towards
premarital sex is worrying and not reflective of a Malay/Muslim society that regards premarital sex as taboo. A child
conceived through such a union is not recognised as legitimate even if the parents marry before the child is born.