The Malaysian Insight

PARENTAL disapproval of their partners, refusal of first wives to give in to polygamous requests and smoother rite of passage are the main reasons more Muslims in Malaysia are flocking to Thailand to get married.

Conditions imposed by Malaysian Islamic courts for a couple to be wed are relatively stricter, compared with Thailand, said marriage agents based in southern Thailand.

Many Muslim couples looking for an easier route to marriage are, therefore, choosing to marry in Thailand before registering their marriages in Malaysia.

Statistics from the Consulate-General of Malaysia in Songkhla showed that 3,485 Malaysian couples got hitched in southern Thailand in 2013, 3,831 couples in 2014 and for January and February last year, the figure was 675.

The statistics also showed that an average of 20 to 25 couples got married in southern Thailand daily in 2014 and 15 to 20 couples daily in the previous year. 

“At least, this way, they are not having sex out of marriage, and having other problems like illegitimate children,” said Mohamad Asri Hamzah, who runs Arjuna Beta Biz, an agency which offers Muslim “marriage” packages to southern Thailand.

Another agent known as Ridzwan said most of his clients were men looking at taking a second or third wife, or couples where their parents withheld their consent to the marriage.

“For those who are looking for polygamous marriages, they need to get the permission of their first wives. But even if their wives don’t give their consent, the men still want a second wife,” he said.

The latter group of Muslims were mostly university students, said Ridzwan.

According to Asri and Ridzwan, they handled about 20 couples a month, each paying about RM1,800 to RM2,000 for a package that includes transportation, hotel accommodation for one night, meals, wedding fees and payments to the consulate.

According to shariah laws in Malaysia, men are allowed up to four wives, provided they fulfilled certain criteria.

Each state has different conditions when it comes to polygamy. For example, in Perak, the husband does not need to obtain the court’s permission.

However, in Selangor, and Kuala Lumpur, a man intending to commit polygamy has to first get the permission of the shariah court.

For couples hoping to be wed without the consent of a guardian, Thailand’s lax Islamic marriage laws are the answer to their problems of finding a qualified guardian (wali).

In Malaysia, the role of a witness is one of the key requirements before a couple can wed. If a wedding is conducted without a guardian, it is considered invalid.

For 22-year-old Fazlina Azman, choosing to wed in Thailand through an agent was the only way she could marry her partner without having to rely on her father, who would have been the guardian.

“The marriage process there is very simple,” she said.

“My relationship with my birth father is problematic. There were some things that happened when I was younger, which have caused my whole family to be in disarray, and I refuse to ask him to be my guardian,” she told The Malaysian Insight.

She said both her family and her in-laws are not aware that she got married in Thailand, as “not everyone can accept it”.

Questions of validity

According to shariah lawyer Abdul Kadir Ismail, as long as the marriage fulfils the five pillars of marriage in Islam, it is considered a valid marriage.

The pillars include a groom, a bride, a guardian, two witnesses and marriage vows.

After a couple go through the marriage ceremony at the Islamic department in Thailand, the couple will need to present themselves at the Malaysian consulate to obtain a letter of confirmation.

This letter is important if the couple want to get a marriage certificate in Malaysia and be protected under the country’s marriage laws.

It also simplifies the process of registering their children’s births, division of property and assets should the marriage end in divorce, said Kadir.

Ignorance of the law

Ridzwan said the perception that getting married in Thailand is illegal or will pose problems later on in Malaysia is only true when couples are not aware of their rights and of the requirements.

He said there are five Islamic bodies in Thailand which may issue marriage certificates to Muslim couples, namely the Songkhla, Satun, Narathiwat, Pattani and Yala Islamic departments.

“If a couple want to employ the services of an agent, they have to make sure that the agent brings them to the consulate after the ceremony to get the letter of verification,” he said.

He said most of his customers were ignorant when it came to religious rules and regulations, both in Malaysia and in Thailand, making them easy prey for bogus agents.

“I hope the religious departments can do more than just break into people’s homes in the middle of the night, but will educate the people about these things, because many of them are ignorant,” he said. – July 26, 2017.