Last Change:

05/27/2024

Circular on the Marriage Registration for the Myanmar Refugees (Memo no- Rohingya – marriage/08/2001/145)

Year: 2002

Type: Domestic policy

Rights Category: Social protection, Family life, Documentation

Description

The 2002 Circular was issued by the MoDMR ministry, applicable for the refugees residing in the camps only. The 2002 circular stipulates that under the 1974 Muslim Marriages and Divorces Act, there is no scope to register marriages between the refugees as they are not the citizens. The circular further instructs the camp authorities to maintain the registration of such marriages and provides guidance on how to conduct and document the marriage between the refugees. The circular restricts the marriages between Bangladeshis and refugees. 

Selected provisions
Memo no- Rohingya – marriage/08/2001/145

Memo no- Rohingya – marriage/08/2001/145

“Letter has been send to the Ministry of Law Justice and Parliamentary Affairs on the above mentioned subject to look for the comprehensive legal opinion on the marriage registration for the refugees. In reply, the Ministry says that, according to the customary Muslim Marriage and Divorce Law 1974 section 1(2) prevailing in Bangladesh, it mentions only about the marriage registration for the Bangladeshi Muslim Citizens. Under that law there is no scope for the marriage registration for citizen from other countries or Myanmar refugees' As there is no legal scope for the marriage registration for the foreigner/ refugees, therefore during the repatriation to resolve the problem of the refugees residing in the camp, the camp official will complete the marriage registration mentioned as follows:

1. The marriage would be conducted by the lmams/ Muazzin/ Huzur from the mosque established din the camp.
2. Every refugee boy and girl residing in the camp has to obtain prior permission of marriage from the camp in charge
3. The camp in charge will maintain a register book for every marriage, would list it down, preserve the related records and would bring necessary amendment in the registration book
4. The kabin (marriage or divorce contract) has to be accomplished in every marriage. During repatriation the kabin and the permission from the camp in charge would be considered as the certificate and confirmation
5. The marriage can only be conducted between the Myanmar refugee boy and girl. ln any ways, marriage between Bangladesh and Myanmar boys and girls cannot be taken Place'
6. The marriage would be conducted 2/3 days in a week according to the convenience of the camp in charge'
7. Any local person/ organization- cannot take part or be presence in the marriage ceremony.”