Educational Right for Underage Spouse from Shariah Perspective

The study focuses on the issue of neglecting the educational rights of underage spouses in Malaysia. It is pertinent due to the increased number of underage marriage reported recently throughout Malaysia. Thus, the study aims to examine the law relating to educational rights for underage spouses as well as to study the educational impact of underage marriage. In conjunction with that, a qualitative method is adopted by referring to the principles stipulates in al Quran and as-Sunnah. Reference to the Universal Declaration of Human Rights (UDHR), Federal Constitution, National Education Policy, Malaysian Education Blueprint, Child Act 2001 and Education Act 1966, referred journal and articles are also to be made. Besides, this study also employed a semi-structured interview conducted at Unit of Divorce, Marriage, and Consult, Department of Family Law at Islamic Religious Official Selangor. The structured interview also to be conducted with the registrar of Shariah Lower Court, Selangor. The finding indicates that respondents do not pursue their studies and fail to get adequate basic education as stipulated in the Education Act and Human Right Act. Therefore, further research on the human rights for education in Malaysia needs to be carried out more intensively. It is hoped that this article will shed some lights on the rights of child spouse especially in education prior and after marriage in Malaysia.