and uphold laws and policies aimed at preventing and ending child, early and forced marriage and protecting those at risk and to ensure that marriage is entered into only with the informed, free and full consent of the intending spouses...”.9 Further, article 16(2) of the Convention on The Elimination Against All Forms of Discrimination Against Women (CEDAW) states that “the betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory”. As a State party to CEDAW, Malaysia is therefore obligated to stop the practice of child marriage and undertake necessary legislative amendments to that effect. From a theological perspective, a joint report by UNICEF and Al-Azhar University in Egypt pointed out that, “child marriage is no more than a custom; it is not part of Syariah or worship and it leads without doubt to significant adverse effects. Therefore, the preferred age of marriage is after the age of 18 years. Marriage is a religious and social responsibility that demands the ability and willingness of both husband and wife to bear its responsibilities, so it is not right to apply this burden to children.”10 In addition, the National Fatwa Council in Malaysia ruled following a discussion held from 21 - 22 October 2014 that child marriages are no longer seen as a healthy practice and are not wajib (obligatory) or sunnah (encouraged)11 in Islam is a good step in discouraging child marriages on a religious basis, and emphasises the need for better regulations to ensure that child marriages are not allowed. SUHAKAM recommends that the government amend all existing domestic and syariah laws on the age of marriage to be 18 years for both males and females. This would ensure uniformity of the law and ensure that Malaysia complies with its obligations under the various international treaties. Islamic family law, including marriage, is placed under the prerogative of the State under Schedule Nine, Part II – State List of the Federal Constitution. Nevertheless, SUHAKAM is of the view that the Government should consider introducing a law to prohibit child marriages pursuant to Article 76(1)(a) and (2) of the Federal Constitution. 9 UN General Assembly, Child, early and forced marriage: resolution adopted by the General Assembly, 18 November 2014, A/RES/69/156 10 Child Marriage Is No More Than A Custom; It Is Not Part Of Sharia Or Worship, Says UNICEF, 07 April 2017 http://www. malaysiandigest.com/news/668188-child-marriage-is-no-more-than-a-custom-it-is-not-part-of-sharia-or-worship-saysunicef.html 11 Isu Perkahwinan Kanak-kanak: Kajian Dari Aspek Agama, Kesihatan dan Psikologi: http://www.e-fatwa.gov.my/fatwakebangsaan/isu-perkahwinan-kanak-kanak-kajian-dari-aspek-agama-kesihatan-dan-psikologi 104 SUHAKAM ANNUAL REPORT 2018