It should nullify the marriage. I'm no syariah expert but isn't it plain to see? Whether it is the syariah or secular law -- the 11 year-old girl was literally forced into marriage, in a pretty much unlawful ceremony.
Unlawful and illegal child marriages are an area our ulamaks and religious authorities should be concerned with, now that one case has been reported.
Here's the Bernama story.
KOTA BARU: The marriage status of an underage girl to a 41-year-old man who was alleged to have abducted her can only be determined by the Syariah Court, Kelantan Syarie chief judge Datuk Daud Mohamad said.
"The assumption made by the public on the case cannot be taken as grounds to determine their marriage status," he told Bernama here today.
Daud, who was involved in the formulation of the Kelantan Muslim Family Enactment 1983, said this when asked on the status of the 11-year-old girl who was said to be married off to the man by a tabligh sect in Kuala Krai, recently.
The girl, who was allegedly abducted by her "husband" was found at a mosque near Batu Caves in Selangor, two days ago.
Daud said those involved in the child's marriage could be charged as it was an offence under the Kelantan Muslim Family Enactment for a female below the age of 16 to marry without a written permission from the court.
Those found guilty of the offence could be fined up to RM1,000 or six months jail or both, he added. - Bernama