c) How does the above affect the reputation and perception of the public towards

religious enforcement officers in Malaysia. Analyse.

Affect reputation by media? – moral entreprenuer

-exaggreration : worse the scenario, REO raiding was make a shame and officer not
understand the SOP and power they have. More focus to siti Bedah commenting and
videotape recording during the raiding

-symbolisation : label REO as unlawful officer and violent the human right. Not maintain the
peace and doing their job flawed. Peeping and keep try to find the fault.

Preception of the public? – moral panic

- REO and JAKIM was not on the right tract : negative

-hate the officer and Islamic phobic : negative

-public aware about LGBT and have this kind of event in Malaysia : good

-people scare to make any crime under shariah law : good

The people of the 20th century is well described as more liberal in their thinking and more vocal
in raising their opinions with limitless channel in making their opinions heard such as the
newspaper, online blogs and social media. The raid conducted was not portrayed well and
was exaggerated by the media to the public raising several opinions and views towards the
Religious Department and its officers. There are a mixed of views towards the Religious
Department and as for a more liberal thinking society, the Sha’riah Law is viewed as out-dated
and conventional and is no longer applicable in the present day. The media reports exacerbate
the already poor view of the public towards the Religious Department where the raid
conducted was deemed as out of line and unjustified.

Although Islamic law applies only to Muslims, it also requires understanding and respect of all
Malaysians based on moral and ethical responsibility, to respect the law as a constitutionally
recognised law. Limited knowledge about Islamic law among the citizen causes confusion and
misjudgement against the law itself, leading to and ugly reputation and defamation Islam as a
religion. The implementation and execution of Sha’riah related laws, there must be a
conformity of the Islamic law itself across Malaysia and it needs to be tailored to suit Malaysia’s
legal and social situation. The Religious Enforcement Officers (hereinafter REOs) under the
States’ Religious Department is entrusted with the task of enforcing the law which involves
managing complaints, investigating, arrest and other related matters as provided for under the
Shariah Criminal Procedure Code.

While it is understood that the sets of rules regarding transgender and its enforcement have
been regulated through the Shariah Criminal Offences Enactment and Shariah Criminal
Procedure Code, enforcing such a law is never easy and is not free from criticism. When the
video of the raid was made public, the more liberal people (both muslim and non-muslim) are
more concerned and being vocal of the basic human right’s where one should be free to
choose and should not be bounded to conventional and tradition religion like Islam. What was
not been made clear to the public was that the Religious Department has the rights to conduct
the raid as the activity is going against the Sha’riah Law where the law was passed by the
Parliament, signed and sealed by His Royal Highness the Yang DiPertuan Agong and the
REOs are actually duty-bound and have the rights to enforce the law and the public who
questions the law is actually criticizing the power of the Yang DiPertuan Agong, as the ruler of
the country (Ismail & Awang Mat, 2007).

Accusation has it that there is a conflict of interest between upholding the law and justice and
personal interpretations of what constitutes personal freedom, individual privacy and rights.
There is an array of Muslims ‘types’ where some are very particular with the subject of choice
and personal rights and come out blatantly criticising the existence of non-moral activity law
and its enforcement by the Religious Enforcement Division. Zainah Anwar, an activist,
accused transgender as a “religious sin (that) has become a crime against state” (Anwar,
2005) while a more liberal Muslims calling themselves as G25 want the transgender law to be
abolished.

There are also public who are more concerned of the raid activity instead where the manner
of enforcement was in questioned rather than of focusing on the Sya’riah law that was broken.
Zainul Abidin, the former Malaysia Mufti described that the investigation procedure by REOs
as snooping and spying, but he failed to realise that to investigate the public complaint, REOs
need to go to the alleged location and to the private residence. He also claimed that REOs
need to prioritize their job on other more pressing issues where he gave an example of the
menace created by the street-racers, well known as Mat Rempit. However, he clearly failed to
understand the law and jurisdiction of REOs, as such a matter is not within REOs area of
enforcement. Statements like this, coming from a well-known and established person
aggravates the already poor image of the public towards the Religious Department.
The REOs have also been accused of being the “moral police” and were urged to leave the
policing to the parents. Since 2007, a Standard Operating Procedure (SOP) was established
to facilitate and standardise the appropriate manner of enforcement and application of the law
by the REOs in their daily operations. Some REOs admit that the real challenge is in
establishing the evidence or element of suspicion to meet the legal requirement and not the
public perception of them. Another challenge is the capacity of legal understanding among
newly appointed REOs where most of them does not have a legal background as it is not
required for the position of a REO. When Siti Bedah questioned Jihan’s authority of the raid
and she was not able to address Siti’s questioned and was recorded for public’s views, it
showed the public that the officers involved have poor knowledge on their rights and reasons
of the raid and that they were merely following the superior’s order, making the public to lose
their confidence in the Religious Department as a whole.

The Religious Department are very commonly associated with marriage, divorces as well as
raids of unmarried couple staying under one roof. The media coverage on the transgender
raid have raised awareness to the public that Religious Department has the responsibility in
upholding other Shariah laws as well and exposing to fellow Malaysians that the lesbian, gay,
bisexual and transgender (LGBT) community exists in the country. Other than the negative
impacts the media have given towards the Religious department and the raid as mentioned
above, it also gave awareness to the public of what other enforcements that Religious
department is responsible for and doing for the country. The upside of this kind of exposure
to the public is that it would make Sha’riah law offenders to think twice before committing
future crimes as they are now aware on the existence of REO and its authority towards the
Sha’riah law offenders.
7. Factors of Child Marriage:

7.1 Gender Discrimination;

Gender plays a pivotal factor in any child marriage where women are traditionally considered as
property or owned by their fathers until they are married; giving them no rights in choosing when
and to whom they get married to. The United Nations Children’s Fund reported that underage
pregnancy and marriage is linked to the unequal gender relationship in the Timor Leste’s society
(United Nations Children’s Fund, Concept Note, p2).

There is also gender discrimination that contributes to the practice of child marriage in the society;
to meet the social expectations where girls must get married to become a good wife, mothers and
with no choice, a housewife, despite only being in their early adolescence.

In a close-knit community, acceptance of the community plays a role in any decision made and the
failure to conform to the society will bring humiliation to the family. The need to avoid shame to the
family is more important, allowing the practice of child marriage in the family.

Gender discrimination is also contributed by cultural and traditional practices where child marriage
is common and even encouraged. Early marriage has existed since a long time ago and is believed to
strengthen family bonds and to expand the family’s connections or political associations. The
outcome of the marriage is important as it strengthen their place in the society as well as family
status.

7.2 Poor Economic Conditions;

Financial status of a family is also another contributing factor in an early marriage where it has been
reported that low household income is correlated to child marriage. It has also been reported that
poor countries have a high prevalent of child marriage. The practice of child marriage in poorer
countries is associated with the lack of opportunities and resources. There are poor families that
they are not able to send or keep sending their daughters to school and eventually chose to find a
husband for their daughter, as they don’t see a future for the child except for marriage.

Other than that, financial assistance (in the form of dowry) when letting their daughter to marry is
also a factor that pressured the parents to allow their daughter(s) to get married at a very young
age. There are also traditional belief in certain part of the world where the younger the girl is, the
higher the dowry is. For a very poor family, higher dowry means they would be able to survive longer
which led them to the decision to ‘sell’ their daughters for marriage as early as possible.
Nonetheless, there are also some part of the world have a different practice when it comes to
marriage where as the girl becomes older, the higher the dowry is. Parents would let their daughter
to get married as early as possible in the fear of no one would be able to afford the dowry as the
daughter gets older. Regardless the culture and belief, younger girls seem to be the victim in both
situations.

7.3 Lack of Education And Awareness;

Lack of awareness and education in one’s family is also a contributing factor in the rising of child
marriage in the world. Parents or daughters without formal education are more likely to be the
victim of arranged or forced marriage compared to girls who have had secondary and higher
education. Uneducated parents are unware to the damages and consequences of child marriage;
which is considered as highly unfavourable to the child.

7.4 Regional and Geographical;

Child marriage is reportedly more common in rural areas in developing countries and these
adolescent girls are disproportionately affected by child marriage. According to a study, young girls
in rural area is more likely to marry compared to the urban counterpart before they reach age 15 by
4 times. Rural areas are commonly known to have limited access to economic and education
prospects; making cultural practices and tradition more prevalent.

For example, there are several traditional cultural practices that is dominant in rural and tribal parts
in Pakistan despite being outlawed, which includes pait likki which is the practice of marriage of very
young children and even before the baby is born.

7.5 Religious Practices;

Another contributing factor of child marriage is religious practices where some religion practitioners
believed that early marriage is recommended in the religion, justifying marriage before puberty. For
example, a majority of Muslims believed that Islam recommends early marriage which they should
follow suit. Religious leaders also plays a strong role in the society and their subjective interpretation
of early marriage becomes more complicated due to different interpretations of the practice. In
addition, when religion is the central point of a society in majority of Muslim villages and cities, the
importance of the continuation of traditional practices plays an important role in child marriage.

7.6 Protection of Girls;

It is also a misconception albeit somewhat common that a girl’s sexuality must be protected, be it by
physical, emotional and spiritual means. Some society portrays child marriage as providing
protection to the girl as it will save them from sexual assault and threats. By having a child marriage,
it is thought that these girls is safe from dishonor that rape and assault poses. In India, child
marriage is practiced to protect young girls from child trafficking where it is deem as less offensive
and safer compared to being traded.

Child marriage is also deemed as a way to protect a girl’s dignity as it prevents pregnancy outside of
marriage, where should it occur, it will destroy the girl’s life and future. Pregnancy outside of
marriage will also humiliate and dishonour the family. Thailand reported an increase of adolescent
birth rate from 40 to 60 per 1000 girls in 2011.

In a way, child marriage if deemed as a solution of a potential problem that may occur however the
impact of a child marriage may be worse. Due to lack of awareness and education, child marriage
actually poses a sexual threat and exposing the girls to a lifetime trauma.

7.7 Ineffective Implementation of Laws And Policies.

There is minimal to no enforcement is being conducted against the practice of child marriage.
Furthermore, there are many loopholes such as cultural or religious beliefs that one could use to
outlaw the current law and policies in place (if any).
n India, all marriage are required to be registered, however some parts of India such as Bihar does
not conform to the law and refuses to make marriage registration obligatory and in Bangladesh, the
minimum age requirement to be married is ignored. In addition, some countries have set 18 as the
minimum age to get married, however this is waived by providing parent’s consent. Some countries
also avoid legal registration of births, as it will allow them to arrange marriage for the daughter at an
early age.

8. Implications of Child Marriage

Child who involve in marriage at young age will affected more during early phase of marriage, also
will have high rate of complication during antenatal and postnatal period, together during childbirth.
Being a victim in domestic violence and abuse, loss opportunities in employment and education and
this will show how bad the girl will have that may affected their physical and psychological health.

8.1 Violations of children’s rights;

According to General Recommendation 19 of the Convention on the Elimination of all Forms of

Discrimination Against Women (CEDAW), child marriage is an outdated practice stripping the girl’s
rights and propagates gender discrimination and violence towards women. Being married at an early
age strips the girl from a normal childhood, her rights to choose and to have an opportunity to
obtain education. Child marriage could also lead to social isolation as she is not given the
opportunity of effective social interaction with other people. Not only child marriage violates the
children’s right but it poses significant risk and exposing the child to diseases and other health
problems related to early childbearing.

8.2 Social consequences;

Young girls who are forced into early marriage will lose their opportunity to a formal education as
they are normally being pulled out from school as education is no longer deemed necessary now
that they are married; giving a them a sole purpose to only care of the house, husband and having
children. There is also an association between child pregnancy and quitting school and it was shown
that child pregnancy is a strong and important reason to do so.

Taking away education from a girl’s life prevents them from acquiring basic and critical knowledge
and life skills that is crucial to survive in today’s world which also include the knowledge of the
importance to actively participate in their communities and households. The lack of education can
have a negative impact towards her financial status that could lead them to poverty and reduces
opportunity for economic development.

Studies have shown that personality development is critical during the age of 10 to 16 and
introduction of marriage will disrupts their development and significantly lower scores for internal
locus of control and self-esteem were reported. The feeling of incapability and helplessness is
common in girls who married young, where they felt incapable of managing their responsibilities
towards their family and raising up their children with appropriate manners due to lack of education
and maturity. The feeling of incapability and helplessness could lead to depression or other mental
health or psychological issues.

Due to the large age gap between the husband and wife, there is a lack of harmonious relationship;
if not negative environment in the household as it denies the equivalency and equity of the
relationship between the spouses. Personality distortion, poor decision making skills, low bargaining
power, low or lack of self-esteem are some of the common outcomes.
A consequence of low self-esteem and confidence is the diminishing feel of empowerment and
when they no longer feel empowered, they are more at risk of domestic violence and aggression.
Domestic violence is commonly associated with child marriage due to thr large age gap, lack of
respect from the husband to the wife where they prone to take advantage of the wife by reinforcing
inferiority. Combined with the lack of access to education and social engagements with the society,
the girls are not aware of the potential of intimate partner violence and forced marital sex. In
addition to that, the image of a wife leaving her husband is unacceptable and is frown upon despite
the husband’s behaviour towards the wife.

8.3 Medical Consequences.

Child marriage exposes young girls to sexual activity which consequently increasing the risk of
adolescent pregnancy and childbearing. According to the International Centre for Research on
Women, the likeliness of a girl under the age of 15 to die during pregnancy and childbirth increases
by five times compared to women in their 20s. Young girls have not reach physical maturity and their
reproductive organs are not fully developed which may lead to complications during pregnancy and
delivery where it is reported that the risks is higher for girls age 18 and below compared to girls age
between 20 and 24.

Child marriage could also have an implication towards their mental health where marriage deprives
them from their childhood where opportunity to develop, play, exploration of social skills and
attachment and formal education are almost non-existence. Stripping them from those crucial
milestones and right passage into adulthood would disrupts their emotional and psychological
development which could lead to feeling isolation, rejection and may lead to depression.