A case where a man raped his 11-year-old sister-in-law , while forcing his disabled wife, 14, to record the crime, has again raised questions on whether provisions to allow child marriages are Islamic.

Girls younger than 16 and boys younger than 18 are allowed to marry, if they have parental consent and approval from the Syariah Court.

Despite common conception, however, the National Fatwa Council in an edict in October 2014 said that the practice is “no longer seen as a healthy practice these days”.

Given that the law allows it, the council said conditions for child marriages should be tightened, because research shows most child marriages cause “more harm than good”.

It said the court must be convinced that the marriage does not hurt the child’s future, including his or her education, psychological well-being and health and financial standing.

It added that prophetic traditions and syariah teachings compel Muslims to avoid things which cause harm.

“The ulama agree that child marriages are neither wajib (compulsory) nor sunat (encouraged).

“The Prophet Muhammad’s marriage with Aisyah is not something which Muslims are compelled or encouraged to follow,” it said.

It said child marriages at the time of the prophet were driven by the need to care for the child’s welfare, but today it is more “for the family to cover up shame” after a child is found to be pregnant out of wedlock.

“There is no hadith (prophetic tradition) which says child marriages are encouraged.

"Such marriages by the prophet’s companions were done to care for the child’s needs…

“Based on syariah requirements, the methodology of jurisprudence, health and psychological and expert opinons, the council agrees that child marriage can only be allowed if it is to care for the child’s needs,” it said.