E/CN.4/2002/73/Add.2
page 62
48
Reservations to articles 2 and 15 (4) and (16), which are stated as being incompatible with the
Nationality Code and the Family Code. See Multilateral Treaties Deposited with the SecretaryGeneral: Status as at 30 April 1999, United Nations, New York, 1999, ST/LEG/SER.E/17,
p. 179.
49
The Tunisian reservations in respect of article 15, paragraph 4, and article 16, paragraph 1 (c),
(d), (f), (g) and (h), relate to chapter I of the Constitution and to the provisions of the Personal
Status Code concerning family names, acquisition of property through inheritance and choice of
family domicile. See ST/LEG/SER.E/17, p. 186.
50
Reservations to articles 2 and 16.1 (c) (ST/LEG/SER.E/17, p. 180).
51
Libya withdrew its general reservation in 1995 (ST/LEG/SER.E/17, pp. 183 and 196, note 28).
52
ST/LEG/SER.E/17, p. 183.
53
Reservations with respect to article 16 (ST/LEG/SER.E/17, p. 182).
54
ST/LEG/SER.E/17, p. 185.
55
Egypt states that, under the provisions of Islamic Sharia, “women are accorded rights
equivalent to those of their spouses so as to ensure a just balance between them. This is out of
respect for the sacrosanct nature of the firm religious beliefs which govern marital relations in
Egypt and which may not be called into question … The provisions of the Sharia lay down that
the husband shall pay bridal money to the wife and maintain her fully and shall also make a
payment to her upon divorce, whereas the wife retains full rights over her property and is not
obliged to spend anything on her keep. The Sharia therefore restricts the wife’s right to divorce
by making it contingent on a judge’s ruling, whereas no such restriction is laid down in the case
of the husband”. Egypt declares its willingness to comply with article 2 “provided that such
compliance does not run counter to the Islamic Sharia” (ST/LEG/SER.E/17, p. 181). The
Moroccan reservation is expressed in virtually the same terms. It states, however, that, in
accordance with Islamic Sharia, “at dissolution of the marriage, the husband is obliged to pay
maintenance. In contrast, the wife enjoys complete freedom of disposition of her property during
the marriage and upon its dissolution without supervision by the husband, the husband having no
jurisdiction over his wife’s property”. The Moroccan reservation makes the same conclusions in
relation to the right of divorce, which is conferred on a woman only by decision of a judge
(p. 184). Regarding Iraq, see ST/LEG/SER.E/17, p. 182.
56
Articles 1 (a), 2 (f), 5 (a), 9 and 16. The Malaysian reservations all relate to Sharia in
connection with inheritance, appointment to certain religious posts and the minimum age for
marriage, which, in the view of the Malaysian Government, is determined not only by national
laws but also by Islamic Sharia (16 years for women and 18 years for men).
57
58
ST/LEG/SER.E/17, p. 185.
“The Tunisian Government declares that it shall not take any organizational or legislative
decision in conformity with the requirements of this Convention where such a decision would