International marriages and citizenship laws in Malaysia: its effect on the family institution

• Main Authors: Mohd Badrol Afandi, Nor Hafizah, Md Saman, Mazura
• Format: Book Chapter
• Language: English
• Published: Jabatan Kehakiman Syariah Malaysia & AIKOL, IIUM 2021
• Subjects: K670 Family Law
• Online Access: http://irep.iium.edu.my/89739/19/89739_International%20marriages%20and%20citizenship%20laws.pdf; http://irep.iium.edu.my/89739/
• Institution: Universiti Islam Antarabangsa Malaysia

The era of globalization has caused widespread movement of people and has resulted in migration of labour. Coupled with the digitalization of information, this has sparked an increasing trend of international marriages, i.e. marriages between two persons of different nationalities. The trend has generated new challenges including the determination of nationality rights. This chapter is based on a research driven by a number of issues evolving citizenship, such as gender discriminatory laws and statelessness. The significance of this research is to address those issues in light of the relevant provisions on citizenship laws in Malaysia. The finding of the research indicates that certain amendments need to be made to the provisions of relevant legislations especially those relating to gender discriminatory laws. These amendments are crucial considering the long-term effect to the family institution. This chapter employs content analysis and library research involving primary sources such as the Federal Constitution, court orders and decisions as well as the secondary sources such as the international document reports, law reports and newspaper reports. The chapter is significant as it addresses crucial concerns raised regarding international marriage with a view of highlighting whether the current laws relating to citizenship in Malaysia reflect the trend of international marriages and its effect on the family institution. The chapter ends with some possible recommendations that may spur improvement to the present legislations to serve the best interest of the family institution.