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Home > Main Library > Law and Constitution > Economic, Social and Cultural issues > Family/matrimonial/personal Law > Laws, decrees, bills and regulations relating to Family/Matrimonial/Personal Law (commentary)

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Laws, decrees, bills and regulations relating to Family/Matrimonial/Personal Law (commentary)

Individual Documents

Title: Myanmar: UN rights experts express alarm at adoption of first of four ‘protection of race and religion’ bills
Date of publication: 27 May 2015
Description/subject: GENEVA (27 May 2015) – "A group of United Nations human rights experts today expressed alarm at the enactment of the Population Control Healthcare Bill in Myanmar, the first of four in a package of bills that seek to ‘protect race and religion’. The bills are highly discriminatory against ethnic and religious minorities as well as against women. “These bills risk deepening discrimination against minorities and setting back women’s rights in Myanmar,” said the UN Special Rapporteur on the situation of human rights in Myanmar, Yanghee Lee. “At a time when thousands of Rohingya are already fleeing the country by boat, this sends precisely the wrong signal to these communities.” On Saturday, State media reported that the President of Myanmar had signed the Population Control Healthcare Bill. While the stated objectives of the Bill are to improve living standards, alleviate poverty, ensure quality healthcare and develop maternal and child health, its provisions are extremely vague and lack any protection against discrimination, the independent experts noted. Under the newly adopted law, certain areas can be designated for special health care measures, including birth spacing. “Any coercive requirement for birth spacing with the aim to ‘organise’ family planning would constitute a disproportionate interference in the sexual and reproductive health and rights of women and could amount to a violation of women’s human rights,” said the UN Special Rapporteur on the right to health, Dainius Pûras, noting that the Bill allows township groups to ‘organise’ married couples to practice 36-month birth spacing between pregnancies. “Women should be able to choose freely and responsibly the number and spacing of their children.”..."
Language: English
Source/publisher: United Nations
Format/size: html
Date of entry/update: 29 May 2015


Title: A dangerous path for Myanmar
Date of publication: 15 April 2015
Description/subject: "This week in Myanmar the Pyidaungsu Hluttaw passed a law that gives regional governments the right to restrict how many children a woman has, legally enshrining a human rights breach found in few other countries in the world – with the notable exception of China..."
Language: English
Source/publisher: "The Myanmar Times"
Format/size: html
Date of entry/update: 23 May 2015


Title: Myanmar: Parliament must reject discriminatory ‘race and religion’ laws (English/ Burmese ျမန္မာဘာသာ)
Date of publication: 03 March 2015
Description/subject: Joint statement by Amnesty International and the International Commission of Jurists..."Myanmar’s Parliament must reject or extensively revise four draft laws addressing “race and religion” that are currently under its consideration, said Amnesty International and the International Commission of Jurists (ICJ). These draft laws are discriminatory and could result in violations of a number of human rights, including the right to freedom of thought, conscience and religion, the right to privacy, children’s rights and the right to freedom of expression. In December 2014, President Thein Sein submitted to Parliament a package of four draft laws aimed at “protecting race and religion”. The four draft laws – the Religious Conversion Bill, the Buddhist Women’s Special Marriage Bill, the Population Control Healthcare Bill and the Monogamy Bill – contain many discriminatory provisions, in particular on religious and gender grounds, and do not accord with international human rights law and standards, including Myanmar’s legal obligations as a state party to the UN Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) and the UN Convention on the Rights of the Child (CRC)..."
Language: English, Burmese (ျမန္မာဘာသာ)
Source/publisher: Amnesty International and the International Commission of Jurists
Format/size: pdf (84K-English; 170K-Burmese)
Alternate URLs: http://www.burmalibrary.org/docs21/AI-2015-03-03-Parliament_must_reject_discriminatory_race_and_rel...
Date of entry/update: 27 April 2015


Title: Burma: Revoke ‘Two-Child Policy’ For Rohingya
Date of publication: 28 May 2013
Description/subject: Coerced Birth Control Reflects Broader Persecution of Muslim Minority ... "Burma’s government should publicly revoke a discriminatory population control regulation that restricts Rohingya Muslims to having two children. Implementation of this policy is consistent with the wider persecution of the largely stateless Rohingya, violating international human rights protections, and endangering women’s physical and mental health..."
Language: English
Source/publisher: Human Rights Watch
Format/size: html
Date of entry/update: 23 May 2015


Title: APPLICATION OF ISLAMIC LAW IN MYANMAR
Description/subject: "There is no doubt that Myanmar is the Buddhist majority country although some minority religions like Christians, Muslim and Hindus have also been living there since long time ago. Also all religions have their own family law such as Hindu Law, Myanmar Buddhists Customary Law and Islamic Law. This article deals with the development and application of Islamic law in Myanmar discussing focuses on several Eras..."
Author/creator: Marlar Than Aung
Language: English
Source/publisher: Academia.edu, Peer Articles, International Islamic University Malaysia, Ahmad Ibrahim Kulliyyah of Laws,
Format/size: pdf (101K)
Date of entry/update: 14 June 2015


Title: CURRENT LEGAL FRAMEWORK ON ISLAMIC FAMILY LAW IN MYANMAR
Description/subject: "Like its neighboring country India, Myanmar has become an independent country on 4th January 1948 and announced as “Union of Burma”. Although Myanmar becomes an Independent country, legal matters are somehow still under the influence of British. Since British colonial time, Islamic law has been recognized as one of the family law of Myanmar and it has been practicing at civil courts of Myanmar till today. This presentation therefore presents the current legal framework on Islamic Family Law in Myanmar..."
Author/creator: Marlar Than Aung
Language: English
Source/publisher: International Islamic University Malaysia,
Format/size: pdf (48K)
Alternate URLs: https://www.academia.edu/5337108/CURRENT_LEGAL_FRAMEWORK_ON_ISLAMIC_FAMILY_LAW_IN_MYANMAR
Date of entry/update: 27 April 2015


Title: The Administration on Islamic Law of Inheritance in Myanmar
Description/subject: "The administration on inheritance is governed by Islamic Family Law in Myanmar because it is included in the Burma Laws Act (1898) Sec 13(1) . In Myanmar, most of the descriptions of the Succession Act (1925) give exemption for the administration on Islamic inheritance but some shall be applied for Islamic inheritance matters. According to the Islamic Law , the administration on inheritance in Myanmar is laid down on the civil jurisdiction. Islamic Inheritance system is rather complicated and yet the law has been codified, Courts have to rely upon the Fatwa, precedents of the former cases and translated Islamic law books. According to Islamic Law, the estate of a deceased Muslim shall be divided after deduction of funeral expenses; death-bed charges, debts and the payment by will which does not exceed one third of estate. After prescribing the Succession Act (1925), administration on inheritance in Islamic Family Law has to follow the procedure provides in the Act as follows:..."
Author/creator: Marlar Than Aung
Language: English
Source/publisher: Academia.edu, Peer Articles, International Islamic University Malaysia, Ahmad Ibrahim Kulliyyah of Laws,
Format/size: pdf (78K)
Date of entry/update: 14 June 2015


Title: The Administration on Islamic Law of Marriage in Myanma
Description/subject: "Marriage is called 'Nikah' in Islam. The Arabic word 'Nikah' literally means marriage or matrimony. In the view of law, marriage or 'Nikah' implies a contract which objects the legalizing of the sexual relationship and procreation of the children. Islamic marriage, 'Nikah' is under the authority of Islamic custom because it is recognized as a social contract in Myanmar. No special rite and official are needed to be a valid marriage. Traditionally, most of the marriages are performed as the religious ceremonies at the religious places by religious priests. There is at least a Mosque in almost every town or almost every Muslim community which has the marriage register book that Government recognized. Each Mosque has to maintain its register books for long term except from the natural disaster. There are three kinds of marriage recognized in Myanmar. They are valid marriage, void marriage and irregular or invalid marriage..."
Language: English
Source/publisher: Academia.edu, Peer Articles, International Islamic University Malaysia, Ahmad Ibrahim Kulliyyah of Laws,
Format/size: pdf (65K)
Date of entry/update: 14 June 2015