But one of a myanmar buddhist married couple cannot claim to divorce the other without proof of any matrimonial fault on that other. So the buddhist womens special marriage and succession act was introduced as a measure to protect the rights of buddhist women who chose. Aug 11, 2017 daw cho cho of ottwin constituency told the pyidaungsu hluttaw during its meeting yesterday in nay pyi taw that the government was procuring contracts without public tenders or enough transparency and, as a result, had made unwarranted budget allocations for substandard public works projects. Buddhist women special marriage law burmese myanmar law. Myanmars parliament approves controversial interfaith. Prohibition of interfaith marriage library of congress. Child marriage is defined as a formal or informal union before the age of 18. In the 1990s, myanmar passed a law that requi red all people in rakhine to gain permission before obtaining marriage licenses. On february 25, 2014, thein sein proposed in a letter to shwe mann that a marriage law and three other laws be drafted by the national assembly to preserve race and religion. Absent a statute regulating a certain matter, courts must apply myanmars general law. Under the newly enacted child rights law, a child is defined as anyone under the age of 18.
The myanmar law information system is a website providing service of the myanmar law information. An introduction to the law and judicial system of myanmar. This is a term used to describe a legal or customary union involving a person below the age of 18 years. The law allows local registrars to publicly post marriage applications for 14 days, to determine whether there are any objections to the proposed unions. This law concerns all those who are living in myanmar, myanmar citizens who live outside of myanmar, and foreigners who marry. If the woman is under 20 years of age, she must have parental consent. Given the alarming rise of religious tensions in myanmar, authorities could abuse this law and further harass minorities. The united nations defines child marriage as a formal or informal union either between two children, or one child and an adult before the age of 18. The governing statute for the international court of justice icj includes customary international law, or international custom, as evidence of a general practice of law, as one of the types of law that the court is. The governing statute for the international court of justice icj includes customary international law, or international custom, as evidence of a general practice of law, as one of the types of law that the court is to apply. The myanmar law information system is a website providing service of the myanmar law information sel font zawygione pyidaungsu by menu all search union laws subordinate legistration of union laws region or state laws self administrated zonedivision laws treaty precedent schedules or forms.
The administration on islamic law of marriage in myanmar. Burmese buddhist law is applied in burma to questions regarding succession, inheritance, marriage, caste or religious usage or institutions when the parties are buddhists. The new investment law enacted on 18 th october 2016 combines the foreign investment law 2012 and the citizens investment law 20. Surely a better way forward is to discover and publicise what the law of contract in myanmar precisely is and for that law to be applied, with confidence, by the myanmar courts. The leave and holiday act 1951 myanmar version overseas employment law 1999 myanmar version the labour organization law 2011 the labour organization rule. The law on personal status of 1984 does not contain provisions related to interfaith marriage. The enactment of the new child rights law by the government. Through the 1978 nagamin operation, the myanmar government took official rohingya documents so that after the 1982 citizenship law was published, they do not have official documents ullah, 2016. Law 2101 myanmar customary law i university of distance. Pdf the rohingya muslims in myanmar are victim of genocide. Republic of the union of myanmar ministry of labour. Womens rights under myanmar customary law yee yee cho abstract myanmar customary law is the personal law of myanmar people professing the buddhist religion. This law shall be called the myanmar buddhist womens special marriage law.
In mldb, myanmar laws which are categorized according to year of issue and area of laws are available. New myanmar law regulates interfaith marriage international. Microsoft powerpoint presentation new myanmar investment law author. House of representatives pyithu hluttaw, myanmar pdf of law in burmese. Based on english common law and shaped by myanmar case law, the general law. Marriage law nears parliament approval the bill is the second in a controversial package of four laws drafted by buddhist nationalists with the aim to protect race and religion. While child marriage is especially prevalent in low and.
Myanmars new childrens law a step forward human rights. You can search the law, click law title or law context, and then enter search keyword. The expressions contained in this law shall have the following meanings. Buddhist women special marriage law pyidaungsu hluttaw law no. Legislation online house of representatives pyithu hluttaw, myanmar pdf of law in burmese doc. Speaker thura u shwe mann told parliament yesterday that mps had until july 2 to register their names to debate the myanmar buddhist women special marriage bill. History of myanmar buddhist womens special marriage law. While some couples do start their married life like that, most people and brides especially usually want to celebrate their wedding ceremony grandly among their community. Myanmar buddhist womens special marriage law, 2015. The legal system comprises customary law, statutory law, and judicial decisions. Myanmar to mull interfaith marriage law myanmar news.
The arabic word nikah literally means marriage or matrimony. Provides that before all marriages between buddhist women and nonbuddhist men, the couple must submit an application. During the british colonial regime, the position of a nonbuddhist husband and myanmar. This chapter deals that the administration on islamic. Code of criminal procedure amending law in 1973, the law amending the myanmar companies act in 1989 and 1991, the law amending the civil procedure code in 2000 and 2008. Ministers of religion to solemnize marriages in the union of burma and may. Mlmb covers every law included in burma code, in addition to every myanmar law enacted since 1948 when myanmar became independent. Employers may hire a larger percentage of foreign employees for technological and managerial. Restatement third of foreign relations law 1987 2102. The law is part of a series of four laws on marriage, religion, polygamy, and family planning proposed by a buddhist organization called the association for the protection of race and religion. Situational analysis on child, early and forced marriage in. According to section of the burma laws act,2 the customary laws have the force of law. Myanmar buddhist women special marriage law pyidaungsu. However, article 222 of the law states that, for all matters not provided for in the law, reference must be made to the rules of islamic sharia.
Mar 24, 2014 on february 25, 2014, thein sein proposed in a letter to shwe mann that a marriage law and three other laws be drafted by the national assembly to preserve race and religion. However myanmar buddhist womens special marriage and succession act 1954 had affected, most of the myanmar buddhist women did not know it. In the view of law, marriage or nikah implies a contract which objects the legalizing of the sexual relationship and procreation of the children. Myanmars new childrens law a step forward human rights watch. The initial step in a marriage is that the grooms parents or an elder being highly respected will visit the bride home to discuss with her family about the ceremony detail such as time or place or what will be in the wedding. The myanmar buddhist women s special marriage law d raft. Burma law times 19071920 indian law reports rangoon series 19231937 burma law journal 19221927 all india reporter, rangoon 19231937 rangoon law reports 19371942. Islamic law has been practiced in myanmar since myanmar monarchy time.
Myanmar citizen and being offspring who are unmarried and under 18 years of age born or adopted by them in accord with myanmar customary law and existing laws and directives relating to marriage of myanmar citizens who are not buddhism. Now myanmar should create a national action plan to end all child marriage, aligning implementation of the law to target 5. Myanmars president has asked parliament to consider an intermarriage law, spearheaded by an extremist monk that is aimed at protecting buddhists in the former juntaruled nation. This law shall be called the burma citizenship law. Myanmar customary law is mainly concerned with such family matters as marriage, divorce, adoption, succession and inheritance, matrimonial rights, and with religious usage and institution.
Human rights groups are blasting a new law adopted last week in myanmar, also known as burma, requiring women to register their intent to marry outside their faith. Because gom claimed that the rohingya population is. Daw cho cho of ottwin constituency told the pyidaungsu hluttaw during its meeting yesterday in nay pyi taw that the government was procuring contracts without public tenders or enough transparency and, as a result, had made unwarranted budget allocations for. Burma citizenship law chapter i title and definition 1. With the landscape of this buddhistmajority nation increasingly stained by sectarian violence, legislators risk much by proposing such inflammatory restrictions. In myanmar society, a husband and wife can announce their marriage simply by letting people from seven houses on either side of the wedded couples house know about it. With the help of local lawyer to draw up the typical myanmar marriage document two copies with two 25 kyats stamp on each, etc or buy ready make two marriage documents. In other words, it is the body of customs observed by burmese buddhists. Burmesebuddhist womans agency in contemporary yangon, myanmar. Maung on the subject of a running feud between the government and the press dont say anything to them, just keep quiet.
Marrying a myamnar girl myanmar lonely planet forum. Myanmar s president has asked parliament to consider an intermarriage law, spearheaded by an extremist monk that is aimed at protecting buddhists in the former juntaruled nation. Book for appointment at the local township judicial office. The registrar is to publicly display the application for 14 days, following. The legal framework around marriage in myanmar is complex. Pdf the administration on islamic law of marriage in. Reject discriminatory marriage bill human rights watch. In myanmar customary law there are three mainly kinds of divorce. Traditionally, when a man goes to ask a womans parents to bless their marriage, he brings a gift to his future wife.
Tradition holds that those born on particular combinations of days of the week are not right for each other. The government of the republic of the union of myanmar. Modes of divorce under myanmar customary law zin mar htoo abstract a marriage may be dissolved at any time provided both parties assent. The myanmar buddhist womens special marriage law draft. There are many superstitions regarding marriage in myanmar. The new myanmar investment law first experiences 23 rd june, 2017. Page 4 of 10 the law contains several positive references to the important role of media in society, and expands legal protection for media freedoms and the rights of media workers. Myanmar to mull interfaith marriage law myanmar news al.
The myanmar buddhist womens special marriage law regulates the marriages of buddhist women to nonbuddhist men. This law shall extend to the whole of the republic of the union of myanmar and shall also apply to all the citizens of the republic of the union of myanmar residing outside the republic of the union of myanmar. Marriage marriage is a civil institution into which the buddhist. The customary laws include burmese buddhist law, hindu law and the traditional customs of the ethnic groups. Minimum wage minimum wage law came into force in 20 wage. More than 77 businessrelated laws and 149 regulations are translated in english. Burmas president thein sein should refuse to sign into law the discriminatory interfaith marriage bill passed by parliament on july 7, 2015. It blatantly discriminates on both religious and gender grounds. A citizen who leaves the state permanently, or who acquires the citizenship of or registers. By signing the interfaith marriage bill into law, the myanmar government and ruling party lawmakers are playing with fire, robertson said. Marriage law nears parliament approval the myanmar times. Marriages solemnized by ministers of religion licensed under this act. Laws and regulations ministry of labour, immigration and.
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