Not Marriage, But Maturity: Rethinking Child Marriage in Malaysia through Maqāṣid al-Sharīʿah and Educational Reform

Abstract

Child marriage remains a pressing issue in modern Muslim societies, involving a complex intersection between Shariah requirements, cultural norms, and the protection of children's rights. This study aims to examine judicial practices in approving underage marriage applications in the Syariah Court of Kelantan, using the framework of maqāṣid al-sharīʿah and fiqh al-muwāzanah. Employing a qualitative methodology, data were collected through semi-structured interviews with five Syariah Court judges and content analysis of official case documents from 2019 to 2020. Findings revealed that nearly all applications were approved, primarily justified as a means to prevent greater harm such as premarital pregnancy and illicit relationships. Key maqāṣid elements considered included ḥifẓ al-dīn (preservation of religion), ḥifẓ al-nafs (preservation of life), and ḥifẓ al-nasl (preservation of lineage). However, the aspect of ḥifẓ al-ʿaql (preservation of intellect) through education was rarely emphasized in judicial reasoning. Education, which plays a vital role in developing intellectual and emotional maturity, was often overlooked. This study recommends the implementation of pre-marital education modules, psychosocial maturity assessments, and alternative psychosocial support for affected adolescents. In conclusion, education must be elevated as a central maqāṣid mechanism in addressing child marriage, balancing short-term societal interests with the long-term intellectual and emotional well-being of Muslim youth.