Transculture in Nursing Question 2

This report discusses the concept of transcultural belief along with child marriage, legal framework, and personal opinion. It covers the impact of child marriage on health and the right related to sexual discrimination. The report also includes the legislative framework and the factors contributing to child marriage in Malaysia.

TRANS-CULTURE IN
NURSING QUESTION 2

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Transcultural beliefs.....................................................................................................................3
Child marriage practice................................................................................................................4
Legislative framework.................................................................................................................6
Right related with sexual discrimination.....................................................................................7
Opinion over the issue of child marriage.....................................................................................8
CONCLUSION..............................................................................................................................10
REFERENCES................................................................................................................................1

INTRODUCTION
Child marriage refers to making marriage of child before their set limit. In the South East
Asia this percentage is high in comparison of the other countries. However, in case of Malaysia
too the child marriage is said to be legal and applicable. With reference of the judicial system of
Malaysia itself, child marriage is allowed. However, among different system there is different
age of child marriage for bride and groom but it is again applicable below the age of 16 under
Islamic law with several circumstances (Kohno and et.al., 2019). Child marriage has a major
adverse and negative impact towards health of children in terms of physical and mental terms.
This report will discuss the concept of transcultural belief along with child marriage. Legal
framework along with personal opinion is also a part of this report.
MAIN BODY
Transcultural beliefs
Trans-culture refers to an aspect that includes and possess various culture and practices.
This means that it is a term that denotes an inculcation of various culture altogether. In short, it
involves the inculcation of more than one culture or cross culture. Under different culture there is
an existence of different beliefs and perspectives. As child marriage is one of the widely used
practice among different nations (Low and et.al., 2018). But here it is again to be noted that with
respect to this practice there is an existence of different belief. This means that different nations
and their respected communities have different aspect and belief with regard to child marriage.
This is further evidence with the data of child marriage that shows that this practice is
widely practicable in South Asia and sub-Saharan Africa which shows that almost half of the
child brides live in South Asia (ENDING CHILD MARRIAGE Progress and prospects, 2020).
This shows that the belief with regard to child marriage is positive and likely in these countries.
However, in case of countries in relation with Central and Eastern Europe and Commonwealth of
Independent States has lower percentage of child marriage which again reflect their belief
towards child marriage.
This transcultural belief is further related with the sexual discrimination and perspectives.
This means that the percentage of child marriage is extremely high in case of girls while making

a comparison with the boys. This is again related with the belief that the marriage of girls at early
age are found and believed to be right in case of girls but not in case of boys.
This belief will act as a base towards the formation of the legal structure and the societal
structure. This can be understood as in some countries' child marriage is strictly banned while in
other it is promoted and supported. This is totally depended upon the belief and the perspective
of the people of the country.
Thus. In short trans-culture belief is only the belief of people towards the particular
aspect. It is like cross-cultural belief wherein under different culture different practices are being
followed.
Child marriage practice
Child marriage refers to any formal marriage and informal union with regard to child
under the age of 18. The practice of child marriage is one of the common performed practice
across various countries. However, the number of child marriage are reducing but it is still
persisting at broader level.
In case of Malaysia which belong to South East Asia along with Sub-Saharan countries
too the percentage of child marriage is high in comparison of the other countries (Petroni and
et.al., 2017). It is also to be noted that the age of the girls with regard to child marriage are
usually low and in most of the cases their marriage is being performed with the spouse
possessing a more than 5 year older age. The prevailing transcultural belief in Malaysia with
respect to child marriage is also positive which means that they make favour with respect to child
marriage, and they believe that there is no requirement of taking consent of child with respect to
their marriage.
However, the occurrence of child marriage may also due to the following factors:
Poverty:
This is a major reason with regard to occurrence of child marriage. Due to the persistence
of poverty across many families in Malaysia they make marriage of their girls at early stage. This
is because of the existence of poverty many families can't afford the expenses in association with
the girl child and as a result they are persuaded to make marriage of their girls at early age
(Muchomba, 2021).
Perception:

There is an existence of common perception among the girl parents that their girls will be
protected after getting married. This means that they feel their daughters to be unsafe at their
home. This is also due to the perception that the child marriage is the only solution with regard to
the sexual improprieties among teenagers. Thus, parents believed that the child marriage is the
only way to protect their daughters from bleak future and fear of shame.
Social norms:
This is also a major reason and aspect with regard to child marriage. As with the non
tolerance of child with an engagement towards opposite sex and societal norms that if they will
not make marry of their daughter at early stage then it will lead to have an impact towards their
family in facing the situation of early pregnancy or with abuse relation (Ridzuan and et.al.,
2018). Likewise, it is a societal norm in Malaysia to marry a girl child before the age of 18.
Religious laws:
There are also various religious laws that are supporter of child marriage. An example
would be of Islamic laws which initiates child marriage of girls at early stage rather than
choosing alternative option. As section 27 of the Syariah Criminal offences Act, 1977 says that if
a boy and a girl are found to be alone at some place or in room then it is assumed that there is
some immoral relation among them. This will lead to have a conviction of fine of 3000 ringgit or
an imprisonment for a term of not exceeding 2 years to both (Child Marriage: Its Relationship
with Religion, Culture and Patriarchy, 2020). This will also carry shame and stigma. However,
in order to dealt with the situation there is only one way and that include to make marriage of
child.
Family honour and Inadequate legislative framework:
This is also a major cause of child marriage that may include the belief of honour when
parents will make early age marriage of their child. Likewise, with an existence of inadequate
legal framework and structure in Malaysia also lead to rise in child marriage.
Impacts:
The concept of child marriage has a major impact over the child specially among the girls
who would not be able to live their dreams. Their studies got affected. They are being affected
physically and mentally in case of child bride. Along with this with the imposition of child
marriage the number of rape cases in the concerned economy also got increased (Wodon and

et.al., 2017). Likewise, the situation of affection towards the health of the bride also occurred in
terms of early age pregnancy.
Legislative framework
The Malaysia work on dual legal framework including civil legal system and Islamic
legal system. There is a provision that the civil jurisdiction has no right to make interference in
the Islamic jurisdiction. Likewise, Islamic laws vary from state to state but carries similar
provisions. In case of child marriage the minimum set age limit is 18 years for boys and 16 years
for girls (Arthur and et.al., 2018). However, under certain circumstances and event this marriage
can be performed before the set age. As the marriage is in contravention of the law so it will not
be registered but if it includes the approval of Hukum Syarak then it will be termed as registered.
As per legal structure:
 There is no minimum set age limit for child marriage which means the marriage can be
occurred before the set age too.
 Girls have lower age limit in case of marriage.
 There is no requirement of taking consent of child bride or groom.
 There is no requirement of interest of children.
Likewise, in case of non Muslim the marriage is governed by Law Reform Act, 1976
which shows that the minimum age of marriage is 18 for both the bride and the groom and in
case of prospective bride and groom marrying below the age of 21years need to take their parents
approval. Also, girls lying between the 16-18 need to take permission from Chief Minister before
getting married.
In addition, of this various provisions with respect to Universal Declaration of Human
Rights (UDHR) are also applicable in Malaysia with respect to child marriage. As per its Article
16, they are entitled to make marriage, this means that the men and women of full age, are
legally permissible to engage in marriage and form family. However, consent of spouses will
need to be required. Under the free and full consent it is to be noted that the consent can't be
undertaken as free consent when one of the party involved is not sufficient to make decision
about its life and partner.
It is also to be noted that the age of marriage among children is different under different
laws. This means that the practice of Islamic law allows the permissible age limit of less than 16

years age for girl child under several circumstances while in case of civil laws and other laws the
age limit is restricted up to 18 years of age. Child act 2001 also states a minimum of 18 years as
age for marriage.
But it is again to be considered that the appeal and jurisdiction of one court is not
applicable over the others and civil laws and proceedings and provisions are to be dealt
separately while in case of Islamic laws their jurisdiction and proceedings are again not
applicable in civil laws. Thus, this means that the act of child marriage is to be dealt differently
under different laws and legislations.
Right related with sexual discrimination
In case of child marriage, there is a usual occurrence of sex discrimination in terms of
high percentage of girl child marriage in comparison of boys. As the data gathered from
UNICEF shows that the number of girl child marriage are much more in number in comparison
of the boys. As it is seen that the number lie to 720 millions in case of women, which is again
156 millions in numbers in case of men within the context of child marriage. This will again
cover the issue and the concept of sex discrimination among society and the country which make
differentiation among men and women with respect to marriage. However, it is to be noted that
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) was
being rectified by the Malaysian government in 1995 along with several reservations that favours
in reducing the discrimination that is being taking place against women. However, the existing
gap between the men and women child marriage still persists and lead to impact in terms of
raising percentage of women child marriage in comparison of the men. This discrimination and
persistence of high practice among women in comparison of men is again counted as a violation
of rights related with sex and as a result putting the future of girl child in darkness along with
barring them to lead to a fair and equal life as men are living.

Source: ENDING CHILD MARRIAGE Progress and prospects., 2020
Opinion over the issue of child marriage
My opinion towards child marriage is in adverse. This means that as per my opinion with
respect to child marriage, it is not positive. I'm completely against this concept. Child marriage
will lead to the end of life or bring major changes with regard to life. As this is again widely
executed concept among women in comparison of men so this is again wrong with respect to
human right violation and sex discrimination. As parents of girls child thinks that their daughters
are burden on them, and they make early marriage on the basis of societal shame and other
aspect's consideration. However, it will lead to the spoil of whole life with regard to women.
Their age of getting education will be converted towards the household duties and marriage
responsibility. Likewise, this will lead to bring physical and mental pressure towards women.
Illustration 1: Child marriage among men and women

This is because they with the early marriage their entire life got affected. As per the age and
making of relation and early pregnancy puts a major and negative impact towards women life.
This will lead to be physically affected along with mental stress and pressure. Likewise, it is
again seen that the early age pregnancy will lead to rise the percentage of death also. As it is seen
that the girls lying between the age of 10 to 14 years are like to die 5 times more due to early age
pregnancy in comparison of the women aged 20 to 24 years. Early pregnancy will lead brings
major complication with regard to bride child. It is also evidenced that around 50000 deaths are
recorded among the girl child between the age of 15-19 due to such early pregnancy (Child
Marriage: Its Relationship with Religion, Culture and Patriarchy, 2020).
It is further evidence that in Malaysia an average of 18000 teenager girls get pregnant
each year (Teenage Pregnancy: Who Is To Blame?, 2020). This means that the rate of pregnancy
in Malaysia among teenage girls are extremely high. This will lead to have brought and extreme
negative and adverse impact towards health of girl child.
Likewise, early age marriage of child also lead to raise the risk of domestic and sexual
abuse. In the same way it will also lead to have a debarring of girl child from education and
making her depended. This will again lead to have an impact over the girl child in terms of slow
and low development. Her level of education and knowledge will be impacted in terms of
restraining her from leading a good life. Child marriage also lead to sudden exposed to sexual act
and getting early age pregnancy before being actually ready for the child in terms of physically
and emotionally.
Child marriage is a major cause of raising violence. This is usual in case where a girl
child get married with men of more age. This will lead to raise in increased rate of home
violence. In such cases child bride also face the issue of being threatened by their husband and
being slapped and beaten. This will lead to raise in the mental pressure and trauma among them
(Kok Hin, 2017).
Child marriage is also a major cause of raising number of divorce cases. This is because
with the concept of child marriage, child brides and spouses get married before their age, and
they get matured enough they found them incompatible for each other. This will lead to early age
divorce too.
Thus, as per above evidences and data, child marriage is not favoured by me.

CONCLUSION
From the above report it is concluded that the child marriage is favoured and opposed
under different laws and legal framework. As child marriage involves early age and premature
marriage of bride and groom which may lead to bring an adverse impact towards the physical
and mental health of the child. However, under the legal system of Malaysia, which consist of
civil and Islamic system there are various provisions and age limit with respect to child marriage.
From this report it is also understood that the concept of child marriage is applicable and
implemented more among brides than groom. However, as per the evidences and gathered data it
would be right to said that the child marriage is an offence with the childhood of bride and
groom.

REFERENCES
Books and journals
Arthur, and et.al., 2018. Child marriage laws around the world: Minimum marriage age, legal
exceptions, and gender disparities. Journal of women, politics & policy. 39(1). pp.51-74.
Brides, G.N., 2018. About child marriage. Retrieved March. 10. p.2018.
Kohno, and et.al., 2019. In-depth examination of issues surrounding the reasons for child
marriage in Kelantan, Malaysia: a qualitative study. BMJ open. 9(9). p.e027377.
Low, and et.al., 2018. The mental health of adolescent refugees in Malaysia. PEOPLE:
International Journal of Social Sciences. 4(2). pp.428-439.
Muchomba, F.M., 2021. Parents’ assets and child marriage: Are mother’s assets more protective
than father’s assets?. World Development. 138. p.105226.
Petroni, and et.al., 2017. New findings on child marriage in sub-Saharan Africa. Annals of global
health. 83(5-6). pp.781-790.
Ridzuan, and et.al., 2018. Factors of Disapproving of Early Marriage in Malaysia. International
Journal of Academic Research in Business and Social Sciences. 8(10). pp.915-926.
Wodon, and et.al., 2017. Economic impacts of child marriage: global synthesis report.
Wodon, Q., Malé, C. and Onagoruwa, A., 2020, April. A simple approach to measuring the share
of early childbirths likely due to child marriage in developing countries. In Forum for
Social Economics (Vol. 49, No. 2, pp. 166-179). Routledge.
Online references
Child Marriage: Its Relationship with Religion, Culture and Patriarchy., 2020. [Online].
Available through <https://arrow.org.my/wp-content/uploads/2018/03/National-Report-
Child-Marriage.pdf>
ENDING CHILD MARRIAGE Progress and prospects., 2020. [Online]. Available through
<https://www.unicef.org/media/files/Child_Marriage_Report_7_17_LR..pdf>
Kok Hin, O., 2017. Child Marriages in Malaysia: Reality, Resistance and Recourse. [Online].
Available through <https://penanginstitute.org/publications/issues/981-child-marriages-
in-malaysia-reality-resistance-and-recourse/>
Teenage Pregnancy: Who Is To Blame?., 2020. [Online]. Available through
<https://umsc.my/umsc_news/teenage-pregnancy-who-is-to-blame/>
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