Transnational Marriage in Malaysia: Case Study and a Critical Review Based on Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) and Narrative Analysis of Topical Stories

Abstract

This chapter examines child citizenship in transnational marriages involving Malaysian women and foreign spouses. The discussion is based on the critical reviews of the Malaysian laws in regard to transnational marriages and its adherence to the Convention on the Elimination of All Forms Discrimination against Women (CEDAW). In Malaysia, most marriages are endogamous (within the same ethnic group), but mixed marriages between diverse backgrounds are on the rise. The federal constitution shows differing citizenship provisions for children of transnational marriages based on the gender of the Malaysian spouse, indicating potential gender inequality in the legislation. Therefore, this chapter discusses the importance of addressing transnational marriage issues in line with the ratified CEDAW, which Malaysia adopted in August 1995. The review focuses on Malaysian mothers with non-Malaysian citizen children and identifies five themes from the data: divorce-related emotional distress, lack of awareness of child citizenship status, unresponsiveness from authorities, prioritizing child welfare, and uncertainty about the future. Gender inequality in legislative provisions impacting mothers and children with different nationalities is highlighted. The review urges the government to take decisive action to comply with the convention and ensure justice for affected mothers and their children.