What prevents children born abroad to Malaysian mothers from automatic citizenship?

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Current Malaysian citizenship laws differentiate between Malaysian fathers and mothers when conferring citizenship to children born overseas.

Under Malaysia's existing citizenship laws, children born outside of Malaysia to Malaysian fathers and foreign spouses are automatically granted Malaysian citizenship. However, this automatic provision does not extend to children born overseas to Malaysian mothers married to non-Malaysian spouses. These children must formally apply for Malaysian citizenship, a process that offers no guarantee of approval and can result in lengthy waiting periods or outright rejection without explicit reasons.
Disparities in Citizenship by Descent

The core issue preventing children born abroad to Malaysian mothers from automatic citizenship lies in a specific constitutional provision that creates a distinction based on gender. While a Malaysian father can pass citizenship to his overseas-born child automatically, a Malaysian mother cannot confer the same automatic status. This disparity means that children of Malaysian mothers born abroad face a more complex and uncertain path to citizenship compared to their counterparts with Malaysian fathers.
Application Process and Lack of Guarantee

For children born overseas to Malaysian mothers and foreign fathers, the route to citizenship is through an application process. This application is not guaranteed to be successful. Families often experience prolonged delays in receiving a response, with some applications being rejected after years of waiting, often without a clear explanation provided for the denial. This uncertainty creates significant challenges for these families in establishing their children's legal status and right to reside in Malaysia.
Impact on Individuals and Families

The consequences of this legal framework are significant for individuals like Afique Danial Izzad Bogers, who was born in the Netherlands to a Malaysian mother. Despite considering Malaysia his home and having lived there for a considerable period, he has had to take on his Dutch father's nationality to avoid statelessness. The lack of automatic citizenship has impacted his ability to pursue educational and professional opportunities, as he faces higher fees as an international student and limitations in participating in national sports competitions.
Proposed Legislative Changes

Efforts are underway to address this disparity. In February of this year, the Cabinet agreed to amend the Federal Constitution to grant automatic Malaysian citizenship to children born overseas to Malaysian mothers. The government has indicated an expectation to table these proposed legislative changes in Parliament in September. This move aims to rectify the existing imbalance and provide equal citizenship rights for children regardless of whether their Malaysian parent is the father or the mother.

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What prevents children born abroad to Malaysian mothers from automatic citizenship?

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