E/CN.4/2002/73/Add.2
page 32
117. One bar to matrimony relates to cases where marriage is prohibited owing to a difference
of religion.141 In some Muslim countries, for example, the prohibition applies only to Muslim
women. The marriage of a Muslim woman to a non-Muslim man is forbidden in Islam regardless
of the man’s religion.142 In many countries, such marriages are either prohibited by law or not
tolerated by society143 and are treated by some as a form of apostasy. Religious minorities
(essentially Baha’is) in some countries, in particular Egypt, are regarded as apostates; thus the
marriage of a Muslim woman to a Baha’i man is considered contrary to public order and void
under Muslim law.144 In Egypt, a university professor, Nasr Hamed Abou Zid, was declared an
apostate by the highest court because of his writings on interpretations of the Koran, which were
deemed anti-Islamic by Islamist plaintiffs, and he was thus no longer able to remain married to
his Muslim wife.145 In addition to constituting a serious breach of human rights and involving
unlawful acts of defamation and terrorization against members of the public by religious
extremists, this case is an assault on the status of women and their rights in marriage and divorce.
(c)
Dowry
118. Dowry, a practice common to different cultural and religious traditions, has been declared
to be detrimental to women’s status by human rights organizations and committees.146 In many
cultures, dowry—also called lobola in some African countries—is reportedly paid to compensate
for the low status of the woman.147 It is in some instances invoked to justify refusal to grant a
woman the right to seek a divorce, thus trapping her in a situation that deprives her of all
freedom of self-determination.148 It can give rise to sometimes serious violence (killings, bride
burnings, acid attacks, etc.) on the part of the husband’s family if it is not paid.149 The dowry
price is often linked to the age of the bride, which can encourage early marriages. Dowry is in
itself a practice that violates the dignity of women.
(d)
Non-registration of marriage and other traditional practices related to the celebration of
marriage and to family life
119. In many countries there is no compulsory universal system of registration for marriages
and births that ensures protection for women and girls (E/CN.4/Sub.2/2000/17, para. 67). In
some cases, non-registration is the result not of a lack of political will but of sometimes
inextricable difficulties stemming from the multi-ethnic and multirelgious composition of
society. India, for example, stated in its declaration made at the time of ratification of the
Women’s Convention in relation to article 16, paragraph 2, that it supported the principle of
compulsory registration of marriages but that that principle was “not practical in a vast country
like India with its variety of customs, religions and levels of literacy”.150 In other countries,
compulsory registration systems operate only in urban centres, and statistics on the age of
women at marriage in rural or deprived areas or in countries where polygamy is widespread
mask many unrecorded or undeclared marriages. Yet compulsory registration of both marriages
and births can protect women and girls against many traditional or religious practices, including
sexual exploitation, early marriage, illegal child labour and discrimination in inheritance.151
(e)
Divorce practices
120. In a number of religious practices, divorce is regarded as an exclusive right of men. In
Islam, for example, although several verses of the Koran grant women the same rights as men in
this respect, restrictions are imposed solely on women in matters of divorce.152 It is a fact that