4. DEPRIVATION OF CITIZENSHIP OF FOREIGN WIVES OF MALAYSIANS, IF THE
MARRIAGE DISSOLVES WITHIN TWO YEARS OF THE ACQUIRING MALAYSIAN
CITIZENSHIP
At present, foreign women married to Malaysians who obtain Malaysian citizenship
through marriage would have their citizenship revoked if their marriage were to be
dissolved within two years of the date of marriage. The amendment changes this to
two years from the date of gaining citizenship.
This change adds a different element of gender discrimination to Malaysia’s nationality
law, by rendering the nationality of women who acquired it through marriage, less
secure and contingent on remaining married. It could also result in women being
trapped in abusive or violent marriages for fear of becoming stateless due to Malaysia’s
prohibition of dual citizenship, and even trap women in situations of trafficking and
exploitation. Consequently, this provision raises significant concerns in relation to
Malaysia’s obligations under CEDAW 9 (nationality), 6 (trafficking and exploitation),
and 16 (marriage and personal rights).