E/CN.4/2002/73/Add.2 page 33 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

Select target paragraph3