E/CN.4/2002/73/Add.2
page 36
evidence. In some countries having a Jewish tradition, the bar on women’s eligibility to testify
was abolished only relatively recently (in 1951 in the case of Israel).195 Also, in modern Muslim
countries, the testimony of a woman has the same value as that of a man (in Tunisia, for
example). This shows that religious texts are not closed texts and that cultural practices, even at
the State level, can be reshaped according to the requirements of modern life, as with original
Islam at the time of its revelation.
4. Inheritance and independent administration of property
139. The persistence of deeply rooted cultural prejudices in many countries can limit a woman’s
ability to administer property in her sole ownership or held in common with her husband.196 In
Nepal, for example, despite efforts by the State and the constitutional affirmation of the principle
of equality, discriminatory practices based on traditions still prevail. This applies to the Muluki
Ain, which restricts women’s independent use of their property and right of inheritance of
parental property (A/54/38/Rev.1, p. 57, para. 119). Also, in Jordan, the law reportedly prohibits
women from concluding contracts in their own name, from travelling alone and from freely
choosing their place of residence, which is inconsistent with the country’s Constitution and the
Women’s Convention (article 9, paragraph 2, and article 15, paragraph 4) (A/55/38 (Part I),
para. 172). Other States’ laws deny legal rights to married women and contain many instances of
discrimination in the administration of their property (A/55/38 (Part I), para. 197).
140. Nevertheless, in contrast to many discriminatory State practices in this area, independent
administration of property is recognized by religious precepts, as, for example, in the case of
Islam, where many verses of the Koran acknowledge a woman’s freedom to administer her own
property, even if she is married, and forbid the husband to do so in her place.197
141. Women’s inheritance is, however, a more sensitive issue, which arises, admittedly to
widely varying degrees, in several societies having different cultural and religious traditions. In
some countries, for example, Hindu religious personal laws do not accord any rights of
inheritance to women.198 In other countries, religion-based statutory or customary law sanctions
discrimination with regard to inheritance in the event of the death of a husband or father.199 In
yet others, although the law does not discriminate in inheritance matters, customary practices are
discriminatory. This is true of Guatemala, where son preference is accepted in the practices of
some indigenous peoples (E/CN.4/Sub.2/1998/11, para. 12).
142. The issue arises more acutely in Muslim countries, where not only is discrimination
cultural in origin but also its foundations and forms of expression stem from specific and highly
codified religious precepts. For example, Koranic prescriptions do not treat men and women
equally in matters of inheritance. Gender-based inequality affects not only children, with girls
being granted only one half of the share passed on to boys, but also wives since, while the
spouses inherit differently depending on whether there is offspring, the husband inherits one
quarter or one half of his wife’s property but a wife inherits only one eighth or one quarter of her
deceased husband’s property.200 Also, according to one interpretation of the Koran, a nonMuslim wife cannot inherit from her Muslim husband,201 whereas he apparently does not forfeit
that right.202
143. Such prescriptions certainly reflect indisputable progress in relation to pre-Islamic
customary law, under which women were totally debarred and property was transferred