Transnational Marriages of Rohingya Refugees:

Legal Challenges of Islamic Family Law in Malaysia

Rodziana Mohamed Razali

Aizat Khairi

Tasneem Rahmatullah

 

Abstract: This note delves into the intricate legal complexities surrounding Rohingya refugees in Malaysia, specifically within the domain of Islamic family law. Despite Malaysia's appeal as a destination for migrants seeking better opportunities, the absence of robust legal mechanisms for refugee governance places the Rohingya, a marginalised Muslim minority from Myanmar, in a vulnerable position. This note probes the socio-economic and legal status of Rohingya refugees in Malaysia, with a particular focus on their marital dynamics and the implications of transnational marriages, especially those involving foreign partners. This note shed light on the effects of such marriages on the rights, identities, and status of spouses and offspring within the Rohingya community. Additionally, it critically assesses the consequences of Malaysia's non-signatory status to significant international refugee conventions on the legal protection and entitlements afforded to Rohingya refugees concerning marital and familial matters. This note identifies deficiencies in Malaysia's legal framework pertaining to Rohingya refugee marriages and divorces, proposing clear regulations, legal education initiatives, and collaborative efforts among stakeholders. It advocates for comprehensive reforms to realise refugee rights and facilitate access to justice within Islamic family law, with an emphasis on community empowerment endeavors.