E/CN.4/2002/73/Add.2
page 70
151
See article 6 of the African Charter on the Rights and Welfare of the Child. See also report of
CEDAW (A/55/38 (Part I), para. 62).
152
See, inter alia, surah 2, verse 228 in fine: “Women have similar rights and duties in marriage”.
See, in the same vein, surah 4, verse 35, which provides for a procedure of reconciliation
between spouses in the event of discord, thus proving that a husband does not have absolute and
discretionary authority over his wife. See also reservations to the Women’s Convention, such as
those of Egypt and Morocco (paragraph 61 (c) and note 55 above).
153
See, inter alia, surah 2, verses 228 and 229.
154
See Abu-Sahlieh (note 144 above), p. 694. See also paragraph 61 (c) and note 55 above.
155
See report of CEDAW (A/54/38/Rev.1, p. 66, paras. 221 to 223).
156
Ibid., consideration of the report of Algeria (p. 15, para. 91). See also the example of
Pakistan, where it is reportedly difficult to obtain a divorce in the Christian community (except
in cases of adultery), in contrast to the more liberal grounds for divorce that apparently exist for
the Muslim majority community. See Farida Shaheed, “Constructing identities: culture, women’s
agency and the Muslim world”, International Social Science Journal, vol. 51, No. 159,
March 1999, p. 69.
157
See Human Rights Committee, general comment 28, para. 26. See also Report of the Human
Rights Committee, Morocco (A/55/40, vol. I, para. 98).
158
See Newland, op. cit. (note 101 above), pp. 162 and 163.
159
See the example of the Hindu minority in Bangladesh, report of the Special Rapporteur on
religious intolerance (A/55/280/Add.2, para. 76).
160
If repudiation is pronounced a third time, it can be for any reason, the husband not being
required to justify it, and he cannot take back his former wife unless, following a second union,
she is repudiated by her second husband. Only then can the former husband and wife remarry.
See verses 230 and 229 of surah 2 (French translation by S. Mazigh). Laws of Muslim countries
have been based on these prescriptions. See article 19 of the Tunisian Personal Status Code: “A
man shall be forbidden to marry a woman whom he has divorced three times”.
161
See report of CEDAW, Democratic Republic of the Congo (A/55/38, (Part I), para. 197). See
also Report of the Human Rights Committee, Kuwait (A/55/40, vol. I, para. 458).
162
See surah 4, verses 15 and 16.
163
See surah 4, verse 15: “As for those of your women who are guilty of lewdness, call to
witness four of you against them”. See also surah 24, verse 4: “Those who accuse honourable
women but do not bring forth four witnesses, scourge them with eighty stripes and never
afterwards accept their testimony; they indeed are evildoers”. See also verses 5 ff.
164
See Human Rights Committee, general comment 28, para. 31.