FA M I LY L AW Muslim Marriages and Divorces (Registration) Act, 1974 and Rules, 2009 S UMMARY Provides for compulsory registration of Muslim marriages and voluntary registration of Muslim divorces. A PPL ICAB IL IT Y TO RO H I NGYA This Act applies to “all Muslim citizens of Bangladesh wherever they may be.” Therefore, Rohingya are arguably not covered by this Act, because they are not citizens of Bangladesh. PROTECTIO N NOT ES There is scope for the Government to issue statements and guidance to provide for registration of marriages among the Rohingya communities. If this law were made applicable to Rohingya Muslims living in Bangladesh, they would be subject to compulsory registration of Muslim marriages and voluntary registration of divorces, providing Rohingya women with improved access to remedies such as maintenance. Additionally, the ability for mixed Rohingya-Bangladeshi marriages to be officially registered under this Act by Marriage Registrars would help to prevent cases where, due to spousal abandonment and/or lack of formal registration, children born of mixed parentage are unable to prove that one of their parents is a Bangladeshi citizen and thereby access their right to citizenship under the Citizenship Act, 1951. Dissolution of Muslim Marriages Act, 1939 (as amended up until 1986) S UMMARY Provides for a number of grounds on which a Muslim woman may apply for the dissolution of her marriage to a Muslim man. A PPL ICAB IL IT Y TO RO H I NGYA The Act applies to the whole of Bangladesh without reference to citizenship. The Act therefore applies to any Rohingya woman married under Muslim law. PROTECTIO N NOT ES This Act should allow a Muslim Rohingya woman to apply for the dissolution of her marriage to a Muslim man, provided the application is made with sufficient grounds. These grounds include maltreatment/abuse (including non-physical abuse) and failure to pay maintenance for two or more years (Section 2). 24 BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH