Furore again as child bride and alleged rapist break up
Women's rights groups slam court for allowing marriage in the first place

 News | Updated today at 01:14 AM
Kulim (Kedah) - A couple made headlines when they got married in November last year. Bride Nor Fazira Saad was only 13 and the groom, 19. The two were deeply in love, their families said at the time.

A year later, their divorce is also grabbing headlines. The bitter split is filled with recriminations from both sides.

The case has also prompted women's rights groups to slam the syariah court for allowing the marriage and to demand an end to child marriages.

The girl's father, Mr Saad Mustafa, said that after the marriage, the family of her husband Mohd Fahmi Mohamed Alias mistreated her. Mr Saad claimed she was frequently slapped and beaten, and not given food to eat.

"My daughter told me her intention to divorce some time in October when she could no longer tolerate the torment at the hands of her in-laws," he said.

Ms Fazira is now living with a relative in Kuala Lumpur, he added.

He also said he agreed to the marriage only because his daughter had been raped by Mr Fahmi.

Kulim police have revealed that the young man was charged with raping Ms Fazira in July last year together with another youth.

He was later given a discharge not amounting to an acquittal.

But Superintendent Ghuzlan Salleh would not say whether he was released after Mr Saad withdrew the police report on the alleged rape.

In her police report in July last year, Ms Fazira claimed she was raped by two teenagers and later by their friend, Mr Fahmi.

Mr Saad recalled how Mr Fahmi's parents went to his house every day to beg him to withdraw the police report. They said their son could face up to 20 years' jail and also the cane.

"They pestered me for five nights until I decided to withdraw the police report six days later... as a father I understand their concern for their son," said Mr Saad, 44, who is an odd-job worker.

A police officer even asked him if he had received money for dropping the report, he said. "I am not that kind of person. That would be like prostituting my daughter," he said.

The two families then arranged for the marriage after obtaining permission from the Kulim Syariah Court on Nov7. Under Malaysia's syariah law, girls under 16 years of age and boys under 18 must get the consent of the Islamic court before they can marry.

The marriage was solemnised at a mosque near the bride's home 10 days later. Mr Saad said Mr Fahmi's parents had promised to let his daughter continue schooling, but this never happened.

Mr Fahmi, in giving his side of the story, denied raping Ms Fazira and claimed he married her to avoid being prosecuted. "We only had sex after marriage," he said.

He claimed that they met only two months before their marriage. "It was initially like a brother-and-sister relationship but our feelings grew deeper later," he said.

He also claimed that Ms Fazira changed after they married.

"She was very rude to my parents and she did not cook at all," he said. "She would run out of the house every time something upset her."

He claimed the marriage broke up because she had an affair with a man she met while doing odd jobs.

Mr Fahmi's mother denied not feeding her daughter-in-law. "We took good care of her and tolerated her nasty attitude," she said.

The turn of events has led women's groups to demand that the rape case be reopened, and also for better rape investigation procedures.

Sisters In Islam, a prominent group, has long advocated against child marriages. Its programme manager Suri Kempe said Ms Fazira's case had highlighted a legal loophole in the law, which allowed alleged rapists to escape investigation and punishment through marriage.

"Muslim and non-Muslim children must not be treated differently. It is deplorable that marriage is being used by alleged rapists as a way to escape prosecution," she said.

"We urge the government to make child protection a priority by amending this flawed provision in the law."

The women's groups also criticised the syariah court for allowing the marriage.

Ms Suri said the best interests of the child were "clearly not a consideration" when the syariah court approved the marriage application.

While the Child Act 2001 recognises a 13-year-old girl as a child, she is not given the protection normally afforded to children, including anonymity from public scrutiny, just because she is married.

"This is one of the perils of child marriage, a practice that has no place in a country that aims to be a developed nation by 2020."

Ms Ivy Josiah, executive director of the Women's Aid Organisation, said the case highlights the regressive idea that once a girl is no longer a virgin, she is worthless.

"If you're raped, you're seen as worthless and no one will marry you. There's a cultural belief that a woman is nothing after being raped, leading to some using rape as coercion into marriage," she said.

She urged the social welfare department to step in.

"Where is child protection in this instance? The courts should be educated that child marriage should not be condoned at all."

She also urged the police to re-open the investigation.

"Withdrawing a report does not mean the crime was not committed," she said.

The Star/Asia News Network





SHORT-LIVED UNION

2012

July 15: Nor Fazira Saad, 12, lodges a police report saying that she was raped by Mohd Fahmi Mohamed Alias, 19, and two of his friends.

July 16-20: Ms Fazira's father, Mr Saad Mustafa, claims that Mr Fahmi's parents begged him for five nights to withdraw the police report.

July 21: Mr Saad withdraws the police report and allows Mr Fahmi to marry his daughter.

Nov 17: Ms Fazira and Mr Fahmi tie the knot, shocking the nation as the bride is one month shy of her 13th birthday.

2013

May 21: The couple say in an interview that they do not regret marrying young. Ms Fazira says marriage is "fun" and claims that she has learnt to cook Mr Fahmi's favourite dishes.

Nov 11: The couple divorce at the Kulim Syariah Court.

Nov 27: Mr Saad claims that his daughter was gang-raped and that he was tricked into withdrawing the police report and agreeing to the marriage.