Myanmar Marriage under Myanmar Customary Law

Summary

INTRODUCTION

Every citizen of a country has the right to freely follow one's customs, culture and traditions and profess the religion of their choice subject to certain limitations. These fundamental rights are expressly declared by the respective constitutions. The Myanmar Constitution of 2008 clearly recognises the citizens ‘right to freely develop the literature, culture, arts, customs and traditions they cherish. The Myanmar Laws Act 1898 vests force and validity in customary law if it is necessary to decide any question regarding succession, inheritance, marriage or caste, or any religious usage or institution – the Buddhist Law in cases where the parties are Buddhists, the Muhammadan Law in cases where the parties are Muhammadan, the Hindu Law in cases where the parties are Hindus. However, this law naturally states nothing about the law applicable to Christians, as most family law matters for Christians are regulated by enacted laws, such as the Christian Marriage Act, Succession Act and Divorce Act. Family laws in Myanmar, therefore, can be grouped as four major different family laws, namely, Myanmar customary law (for Myanmar Buddhists), principles of Hindu law (for Hindus), Mohammedan law (for Muslims), and various family statutes applicable to Christians (for Christians). This chapter will discuss marriage under Myanmar Customary law.

NATURE AND SOURCES OF MYANMAR CUSTOMARY LAW

Before beginning the main discussion of the marriage systems of Myanmar's people, it is essential to discuss the nature of Myanmar customary law and its sources. Myanmar customary law has applied to all Buddhists in Myanmar as their personal law since the ancient times of Myanmar kings; and it may primarily be gathered from the Dhammathats, thus standing on its own legal system.

Myanmar, formerly known as Burma, was formed as one of the provinces of British India after the three Anglo-Myanmar Wars in 1825, 1852 and 1885. After the annexation of Myanmar by the British Government, many principles of British common law were initiated and introduced to establish a uniform system of laws throughout the country. The impact of British law, however, has not much affected the ancient Myanmar customary law.