FA M I LY L AW and that while the Family Courts are subjected to the provisions of the Muslim Family Laws Ordinance in the matters prescribed therein, this can in no way be interpreted to mean that only Muslim parties may have their family law matters heard by the Family Courts. Everyone, regardless of religion, can have these matters heard by the Family Courts. AP PL ICAB IL IT Y TO RO H I NGYA The High Court makes specific reference to citizens and therefore renders applicability of the Family Court to Rohingya unclear. There is reason to believe that Rohingya are covered by virtue of the Ordinance’s territorial applicability (applies to the whole of Bangladesh, except the Rangamati Hill District, Bandarban Hill District, and Khagrachari Hill District in the Chittagong Hill Tracts). Rohingya parties should be able to have their family law matters heard by the Family Courts where they meet the substantive and territorial standing criteria. P ROTECTIO N N OT ES The High Court’s judgment clarifies ambiguities relating to the applicability of the Family Courts Ordinance and their exclusive jurisdiction over matters of family law, and that anyone living within the territorial jurisdiction of a Family Court can seek recourse on matters of family law within the courts. Only those living within the excluded Chittagong Hill Tracts are excluded from this avenue.22 The judgment therefore seems to suggest that the Family Courts Ordinance is applicable to Rohingya, so long as they do not reside within excluded territories. Further guidance and clarification is needed to underscore the right of Rohingya persons to access Family Courts. Muslim Family Laws Ordinance, 1961 S UMMARY Provides for the regulation of matters relating to inheritance, dissolution of marriage, polygamy, and maintenance under Muslim law. AP PL ICAB IL IT Y TO RO H I NGYA This Ordinance applies to all of Bangladesh, and also exterritorialy to all Muslim citizens of Bangladesh. P ROTECTIO N N OT ES If Family Courts were to hear suits involving Rohingya persons and apply this Ordinance, a number of judicial protections would be available to Rohingya women during divorce/dissolution of Muslim marriages and in relation to maintenance and the granting of child custody. More specifically, Rohingya individuals should be able to benefit from the following protections: • A husband wishing to enact divorce through talaq must provide notice in writing to the Union Council Chairman and provide his wife a copy (Section 7.1), and the divorce will not go into effect until 90 days have passed after the written notice was provided (Section 7.3). • In cases where the wife of a man seeking divorce is pregnant, the divorce will not take effect until the end of pregnancy or the 90-day waiting period, whichever comes later (Section 7.5). • A wife whose husband does not adequately maintain her may seek the issuance of a certificate of maintenance, which must be paid by the husband (Section 9). • A husband who seeks to marry an additional wife may only do so with the permission of the Arbitration Council, taking into account the views of the husband’s existing wife/wives (Section 6). 23 BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH