Marriageable age

Source: Great Teacher Onizuka 2012, Jan 2013 SP

This got me thinking, really?

Well, as it turns out, yeah. With a few caveats.

Marriage in Japan

Marriage in Japan in regulated by the Japanese Civil Code (民法). Specifically, Article 713, which says:

第七百三十一条　

男は、十八歳に、女は、十六歳にならなければ、婚姻をすることができない。

(Article 731　

A man who has attained 18 years of age, and a woman who has attained 16 years of age may enter into marriage.)

However, this is followed by Article 737, which stipulates:

第七百三十七条　
未成年の子が婚姻をするには、父母の同意を得なければならない。

(Article 737　
(1)　A minor shall obtain the consent of both parents to marry.)

A "minor" is defined by Article 4 of the Civil Code, which reads as:

第四条　年齢二十歳をもって、成年とする。

(Article 4　The age of majority is reached when a person has reached the age of 20.)

I find it interesting that one can get married and have sexual intercourse at 16, but you have to wait a full 4 years before you can drink alcohol, in Japan.

(Translation and Civil Code from the Japanese Ministry of Justice)

Marriage in Malaysia

The marriage certificate of my great-grandfather's brother's daughter

Malaysia is a tricky one, as we literary have 2 sets of laws: one for Muslims and another for non-Muslims. As a non-Muslim I have no locus standi in Sharia law, so I will focus on the well titled Law Reform (Marriage and Divorce) Act 1976, which regulates non-Muslim marriages in Malaysia.

s12 of the Law Reform (Marriage and Divorce) Act stipulates that a person who has reached the age of 21 can marry without parental consent. However, s10 sets a minimum age for marriage, being 18 for males and 16 for females, with the authorisation of both parents (s12(1)(a-d)).

(If this was the result of a flurry of law reform and harmonisation in Malaysia in the 70's, I would hate to see what the former marriage Ordinances and Acts were like.)

However, for females above the age of 16 but below the age of 18, a Special Marriage Licence is needed, to get married.

And what if you want to continue inbreeding? Fill up form JPN.KC01A to apply for Special Marriage Licence for parties whose relationships are prohibited. (Permohonan Lesen Bagi Pihak-pihak Yang Mempunyai Tali Persaudaraan Yang Dilarang)

Interesting quirks

Malaysia
s50 of the Law Reform (Marriage and Divorce) Act is the reason why if you want to get married in Malaysia, you'd better hope you can deal with the other person for at least the next 2 years, because you need to be married for at least 2 years before you can file for divorce in Malaysia.

One thing is for sure: no one in Malaysia will ever make Time's Top 10 List Of Short-Lived Celebrity Marriages (well, not if they marry in Malaysia!)


Japan
Article 733 of the Civil Code says it all:

第七百三十三条　女は、前婚の解消又は取消しの日から六箇月を経過した後でなければ、再婚をすることができない。

Article 733　(1)　A woman may not remarry unless six months have passed since the day of dissolution or rescission of her previous marriage.

It has not been without its issues, not to mention a lawsuit or two. I suppose it made sense in 1896 when the Civil Code was being drafted, with Article 733 to be a way to prevent disputes over the identity of the father in the event a child is born within a certain period after the divorce and remarriage.