E/CN.4/2002/73/Add.2
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several verses of the Koran have been interpreted as being capable of justifying such
discrimination.153 In Saudi Arabia, for example, as in other Muslim countries (Egypt, Morocco,
etc.), it is considered that the husband alone possesses the right of divorce, the wife being able to
leave her spouse only if he so agrees, subject to payment of pecuniary compensation, or if she
adduces valid grounds before a judge.154
121. In some States, the absence of any provision in law for dissolution of marriage owing to
reasons linked to the persistence of social and cultural prejudices can perpetuate discrimination
against women in their family relations and marriage obligations and also in the exercise of their
economic and social rights.155 Here again, no culture is spared. Many countries having religious
traditions that differ, admittedly to varying degrees, sanction discrimination or refuse to
liberalize divorce.156
122. Also, unilateral repudiation, which is practised in many States, is the denial of a
fundamental right of women and a source of intolerable insecurity.157 It can give rise to an
increase in divorce rates and unequal laws on divorce procedures or financial provisions
unfavourable to divorced women.158 In some countries, it is reportedly encouraged by the dowry
tradition and non-registration of marriage, which hamper the implementation of divorce
legislation.159 Unilateral repudiation, which can only be pronounced three times by the husband,
and laws on divorced women’s remarriage to their former husband may encourage abuse and
fictitious marriages and could destabilize the family unit.160
123. In cases of adultery, the criminal laws in some countries lay down harsher punishments for
women than for men.161 Stoning162 is one of many examples. However, the Koranic requirements
relating to the execution of the penalty are quite difficult to fulfil.163 The cruelty of the
punishment is nevertheless disproportionate to the seriousness of the offence, and the right to
gender equality before the law, as provided for in many international instruments, is violated.164.
(f)
Sharing of family responsibilities and family relations
124. In many religious practices, arguments to justify women’s marginal position within the
family have been based on religious precepts the texts of which have been taken out of context.
Many States practise discrimination in the sharing of family and child-rearing responsibilities.165
125. Also, in many States, religious principles recognize some rights for women but, through
ignorance or lack of information, those rights are not respected. In Jordan, for example, while
women have the right to determine their conditions for inclusion in the marriage contract, that
provision is apparently rarely used.166 The Personal Status Code in that country does not
recognize women’s right to choose a family name, profession or occupation or their rights upon
divorce or with regard to family responsibilities.167
126. By contrast, in Egypt and other countries, women use a circumventing procedure and have
their marriage contracts include financial clauses to dissuade their future husband from
subsequently taking a second wife.168 In many States, fathers alone have child custody rights.169