E/CN.4/2002/73/Add.2
page 69
137
According to Sharia, for example, marriage is a contract (aqd nikah) and the woman’s consent
is required in order for it to be valid. See, inter alia, surah 2, verses 235 and 228, and surah 3,
verse 159.
138
See report of the Special Rapporteur on religious intolerance (E/CN.4/1999/58, para. 111).
139
See Women’s Caucus for Gender Justice (note 113 above), pp. 7 ff.
140
See the website www.arabia.com/981119/FR2.html.
141
See general comment 28, para. 24.
142
Muslim jurists are unanimous and base their stance on, inter alia, surah 2, verse 221, surah 60,
verse 10, and surah 4, verse 141.
143
See article 29-5 of the Moroccan Family Code (Moudawana).
144
See the recent case involving the ruling of an Egyptian court which issued in the London
weekly newspaper Al-Majallah (28 January-3 February 2001) the divorce of a Muslim woman
whose husband had converted to the Baha’i faith. See also Sami A. Aldeeb Abu-Sahlieh, “La
définition internationale des droits de l’homme et l’Islam”, Revue générale de droit international
public, 1985, pp. 641 and 653, and the position of the Egyptian courts in this respect, p. 655.
145
The Court of Cassation upheld the decision declaring Professor Abou Zid an apostate and
ordered him to separate from his Muslim wife. See reports of the Special Rapporteur on religious
intolerance (A/51/542, para. 28, and E/CN.4/1996/95). A stay of execution was granted on that
ruling and is apparently still in force.
146
Regarding Nepal, see report of CEDAW (A/54/38/Rev.1, p. 60, para. 153) and preliminary
report of the Special Rapporteur on traditional practices … (E/CN.4/Sub.2/1995/6, para. 30).
Regarding Bangladesh, see Concluding observations of the Committee on the Rights of the Child
(CRC/C/15/Add.74). Regarding the Congo and India, see E/CN.4/Sub.2/2000/17, paras. 66 and
67.
147
See Concluding observations of the Human Rights Committee: Zimbabwe
(CCPR/C/79/Add.89). The practice is also believed to exist in some African communities having
a Muslim tradition (for example, Cameroon).
148
See, for example, Egypt’s reservation to the Women’s Convention, which refers to the
husband’s obligation to pay “bridal money to the wife and maintain her fully”. However, Sharia
“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”. See also paragraph 61 (c) and note 55 above.
149
See, inter alia, the example of Bangladesh, report of the Special Rapporteur on religious
intolerance (A/55/280/Add.2, para. 76).
150
See ST/LEG/SER.E/17 (note 49 above), p. 182.