Laws, decrees, bills and regulations relating to Family/Matrimonial/Personal Law (commentary)
Individual Documents
Description:
"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:..."
Marlar Than Aung
Source/publisher:
Academia.edu, Peer Articles, International Islamic University Malaysia, Ahmad Ibrahim Kulliyyah of Laws,
Date of entry/update:
2015-06-14
Grouping:
Individual Documents
Category:
Laws, decrees, bills and regulations relating to Family/Matrimonial/Personal Law (commentary)
Language:
English
Format :
pdf
Size:
77.71 KB
more
Description:
"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..."
Source/publisher:
Academia.edu, Peer Articles, International Islamic University Malaysia, Ahmad Ibrahim Kulliyyah of Laws,
Date of entry/update:
2015-06-14
Grouping:
Individual Documents
Category:
Laws, decrees, bills and regulations relating to Family/Matrimonial/Personal Law (commentary)
Language:
English
Format :
pdf
Size:
64.72 KB
more
Description:
"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..."
Marlar Than Aung
Source/publisher:
Academia.edu, Peer Articles, International Islamic University Malaysia, Ahmad Ibrahim Kulliyyah of Laws,
Date of entry/update:
2015-06-14
Grouping:
Individual Documents
Category:
Laws, decrees, bills and regulations relating to Family/Matrimonial/Personal Law (commentary)
Language:
English
Format :
pdf
Size:
100.82 KB
more
Description:
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.”..."
Source/publisher:
United Nations
Date of publication:
2015-05-27
Date of entry/update:
2015-05-29
Grouping:
Individual Documents
Category:
Laws, decrees, bills and regulations relating to Family/Matrimonial/Personal Law (commentary), Laws, decrees, bills and regulations relating to population (commentary), Laws, decrees, bills and regulations relating to nationality, citizenship and immigration (commentary), Laws, decrees, bills and regulations relating to religion (commentary), Laws and decrees related to women (commentary)
Language:
English
more
Description:
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..."
Source/publisher:
Human Rights Watch
Date of publication:
2013-05-28
Date of entry/update:
2015-05-23
Grouping:
Individual Documents
Category:
Laws, decrees, bills and regulations relating to Family/Matrimonial/Personal Law (commentary)
Language:
English
more
Description:
"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..."
Source/publisher:
"The Myanmar Times"
Date of publication:
2015-04-15
Date of entry/update:
2015-05-23
Grouping:
Individual Documents
Category:
Laws, decrees, bills and regulations relating to Family/Matrimonial/Personal Law (commentary)
Language:
English
more
Description:
"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..."
Marlar Than Aung
Source/publisher:
International Islamic University Malaysia,
Date of entry/update:
2015-04-27
Grouping:
Individual Documents
Category:
Laws, decrees, bills and regulations relating to Family/Matrimonial/Personal Law (commentary)
Language:
English
Format :
pdf
Size:
48.32 KB
more
Description:
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)..."
Source/publisher:
Amnesty International and the International Commission of Jurists
Date of publication:
2015-03-03
Date of entry/update:
2015-04-27
Grouping:
Individual Documents
Category:
Laws, decrees, bills and regulations relating to religion (commentary), Laws, decrees, bills and regulations relating to Family/Matrimonial/Personal Law (commentary)
Language:
English, Burmese (မြန်မာဘာသာ)
Format :
pdf pdf
Size:
84.31 KB 170.27 KB
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