This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of the Union of Myanmar/Burma (Pyidaungzu Thammada Myanma Naingngandaw), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Myanmar's Constitution, Islamic law (sharīʿa or fiqh) has no legal status.
Country Background
Myanmar is a country located in Southeastern Asia, bordering the Bay of Bengal and the Andaman Sea. It is bounded by India, Laos, China, Bangladesh, and Thailand. The official capital of Myanmar is Rangoon (Yangon). However, the administrative capital of Myanmar is Nay Pyi Taw. The official language is Burmese. The country's population in 2017 was approximately 55.1 million. Myanmar is a predominantly Buddhist country, with about 88% of the population Buddhist.
Islam is a minority religion in Myanmar, and Muslims make up about 4% of the country's population. The majority of Myanmar's Muslim population are the Rohingya, who are a stateless, Indo-Aryan population primarily living in Myanmar's Rakhine (Arakan) state. Under the 1982 Myanmar Nationality Law, the Rohingya were denied citizenship and a pathway to citizenship. Rohingya are thought of as outsiders in Myanmar, despite having roots in the country since the 8th century. Over the past three decades, the Rohingya have faced brutal military crackdowns stemming from an ultra-nationalist Buddhist sentiment that has taken root in Myanmar. Before 2015, the Rohingya population in Myanmar was approximately 1.3 million. However, recent military crackdowns in 2015, 2016, and 2017 have forced over 70% of the Rohingya to flee to southeastern Bangladesh and surrounding countries. The UN and the Human Rights Watch consider the Rohingya to be the most persecuted ethnic minority in the world, and describe their persecution as "ethnic cleansing" and "genocide."
Constitution & Legal Structure
After gaining its independence from Great Britain in 1948 as a democratic nation, Myanmar quickly became a military dictatorship (following a coup d'état in 1962). However, following the Burmese constitutional referendum of 2008 and subsequent 2010 general election, the military dictatorship officially dissolved and Myanmar embarked on a series of reforms toward a more liberal democracy and mixed economy.
Presently, Myanmar is referred to as a parliamentary republic, in which sovereignty is derived from the people and the Constitution is the supreme law of the land. Officially, the government operates under a system of checks and balances and is divided into three branches: executive, legislative, and judicial. However, in practice, the military of Myanmar has a significant amount of power and cannot be checked by any other governmental official. Furthermore, Myanmar does not have an independent judiciary and the military surpasses all political activity. Another issue is that although the president is the official head of state, the de-facto leader of Myanmar is the "State Counsellor." The position of State Counsellor was created within the government of Myanmar in 2016 for Aung San Suu Kyi, who, despite having won a landslide victory in the 2015 general election, was constitutionally barred from becoming President as her husband and two children hold British nationality.
The legal system of Myanmar is a mixed legal system of English common law (as introduced in codifications designed for colonial India) and customary law.
Constitutional Status of Islamic Law
Islamic law has no constitutional status in Myanmar.
Jurisdiction(s) of Islamic Law
Islamic law has no official jurisdiction of operation in Myanmar.
Dominant School of Islamic Law
Myanmar has no official school of Islamic law. However, the majority of the Rohingya Muslims are Sunnī.
Sources of Law for Legal Research
Official Publications
Unofficial Databases
References:
For an extended list of legal resources for this country, see the Library of Congress’s Research Guide, and for a narrative review, see the GlobaLex Foreign Law Research Guide (most updated version, where available). The Constitution is available in the LOC Guide in its original language and at Constitute in English translation. For full versions of past constitutions, amendments, and related legislation, see HeinOnline World Constitutions Illustrated or Oxford Constitutions of the World [subscription required for each].