SUFFICIENCY OF CRIMINAL LAW IN PROTECTING WOMEN AGAINST FORCE MARRIAGE IN AFGHANISTAN, MALAYSIA AND ISLAM: A COMPARATIVE ANALYSIS

Forced marriage is a union where one or both parties are coerced into marriage without their free and informed consent, often under threats, pressure, or abuse. The primary purpose of this research is a comparative study of the sufficiency of criminal law in protecting women against forced marriage in Afghanistan, Malaysia and Islam. Its conformity with the Holy Quran Collecting data via library and document search, descriptive-analytical and comparative methods were used to examine the conditions and the differences and similarities of the legal systems of the three mentioned countries in the field of forced marriage; it has been used. The research reveals that while Afghanistan and Malaysia criminal forced marriages and stress the necessity of consent, their legal systems differ significantly in enforcement and societal practices. Afghanistan’s Elimination of Violence against Women (EW) Law (2009) aims to address forced marriages but is hampered by weak enforcement and cultural resistance. In contrast, Malaysia’s dual legal system provides stronger institutional support, although exceptions for early marriages in law present challenges. Islamic law across both countries prohibits forced marriages, emphasizing mutual consent, yet inconsistent application and cultural norms can weaken these protections. The study concludes that effective enforcement, public awareness, and cultural alignment are essential for the sufficiency of legal protections for women, the need for stronger judicial mechanisms and public education to enhance these protections.