Underage marriage as provided under the Islamic family laws is not a 'privilege' for Muslims and was never intended to legitimise rape cases as alleged, said Malaysian Syariah Judicial Department director-general Tan Sri Ibrahim Lembut.

He said the Syariah courts had been given jurisdiction to permit underage marriages after thorough investigation and this was also subject to the parents' and couple's approval.

In commenting on a press report entitled "Child Marriage Used To Cover Up Rape" published in the Malay Mail on April 23, he said the report was inaccurate and misleading.

"The cases cited in the report were individual cases of minors who were raped, which were isolated cases and rarely encountered by the Syariah Court," he said in a statement today.

He said individuals who have committed such criminal offences would be charged under the Penal Code.

"The Malaysian Syariah Judicial Department in collaboration with the state Syariah courts are constantly monitoring underage marriages to avoid any form of abuse especially of minors," said Ibrahim.

In fact, he said, non-Muslims were also permitted child marriages as provided by the law after submitting an application to the Menteri Besar or Chief Minister for couples who have not attained the age of 18 years.