E/CN.4/2002/73/Add.2
page 75
207
See Mohamed Charfi, “Le droit tunisien de la famille entre l’islam et la modernité”, Revue
tunisienne de droit, 1973, p. 11; and Jeanne Ladjili, “Puissance des Agnats, puissance du père.
De la famille musulmane à la famille tunisienne”, Revue tunisienne de droit, 1972, p. 25.
208
Tunisian law, for example, allows gifts to be made in favour of a non-Muslim wife up to one
third of the husband’s property. Therefore, a non-Muslim wife, although not having the status of
heir, would receive an “inheritance” greater than that of a Muslim wife. In Indonesia, many
members of the ulema make use of equal gifts in order to circumvent Koranic inheritance rules.
See Andrée Feillard (note 114 above), p. 51.
209
See Human Rights Committee, general comment 28.
210
See surah 81, verses 8 and 9.
211
Sati is a practice which probably dates back to the seventh century B.C. In its accepted
meaning, it designates the virtuous and devoted wife (pativrata) who immolates herself on her
deceased husband’s funeral pyre. In that act there is at the same time the idea of a widow’s guilt
over the death of her husband and rejection of widowhood. The practice is believed to have
existed also in Peru and Polynesia. See Catherine Weinberger-Thomas, Cendres d’immortalité:
la crémation des veuves en Inde, Paris, Le Seuil, 1996; and Albert Samuel (note 14 above),
p. 148. See also the website www.msh-paris.fr/red&s/dhdi/txtuniv/memoir2.htm.
212
See report of CEDAW (A/55/38 (Part I), para. 68). See also L’Express, 9 March 2000
(note 187 above).
213
Odon Vallet (note 8 above), p. 140.
214
See the website www.msh-paris.fr/red&s/dhdi/txtuniv/memoir2.htm.
215
According to the Pakistani Human Rights Commission, 560 cases of burning were recorded
in 1998-1999. According to a local NGO, over 3,560 women were treated in hospital between
1994 and 1999 following attacks by fire, acid or petrol (E/CN.4/Sub.2/2000/17, para. 76).
216
See report on traditional practices … (E/CN.4/Sub.2/1998/11, para. 111). An amendment was
made to that article of the Criminal Code in 1999 but, rather than totally eliminating grounds for
non-imposition of punishment, it replaced them with grounds for mitigation of punishment. See
also the website www.rdl.com.lb/3749/enquete.html and the example of Kuwait, Report of the
Human Rights Committee (A/55/40, vol. I, para. 458).
217
See E/CN.4/Sub.2/2000/17, para. 73. Article 340 states that a man who discovers his wife or a
close female relative in an adulterous situation and kills or injures her is granted a reduction in
penalty. See also the website www.unog.ch/news/documents/newsfr/CRC0030F.html.
218
E/CN.4/2000/3, chapter V, section C. In Jordan, the courts impose sentences ranging from
six months’ to two years’ imprisonment for such offences. See also report on extrajudicial,
summary or arbitrary executions (E/CN.4/1999/39, para. 74).