Harm to Women from Bangladesh's Discriminatory Laws on Marriage, Separation, and Divorce
by Aruna Kashyap of the Women's Rights Division, Human Rights Watch (September 2012)
This report is based on interviews with 255 people in 2011, including 120 women who have experienced the shortcomings of Bangladesh’s personal laws, as well as lawyers, experts, government officials, and former judges. It finds that these laws discriminate against women during marriage, separation, and divorce, and exacerbate women’s economic inequality.
ISTANBUL (TrustLaw)—When it comes to Islamic law, one short verse in the Koran poses one very big obstacle to advocates for Muslim women’s rights--but they may have found a way around it.
The key is fighting medieval interpretations of the Koran with modern scholarship, according to Dr Ziba Mir-Hosseini, a professor and legal anthropologist on Islamic law at the University of London’s School of Oriental and African Studies (SOAS).
Why and how did verse 4:34, and not other verses in the Qur’an, become the foundation for the legal construction of marriage? Why are qiwamahand wilayah still the basis of gender relations in the imagination of modern-day jurists and Muslims who resist and denounce equality in marriage as alien to Islam? How can we Muslim women reconstruct the concepts?
A recent Arabic translation of this Musawah report is available for download now.
This report documents the trends identified in the Musawah research project on the Convention on the Elimination of All Kinds of Discrimination against Women (CEDAW), which examined States parties' justifications their failure to implement CEDAW with regard to family laws and pratices that discriminate against Muslim women. The research reviewed documents for 44 Muslim majority and minority countries that reported to the CEDAW Committee from 2005-2010.
Musawah Fact Sheet on Article 16: Algeria and Jordan
February 2012 - 51st CEDAW Session, Geneva Switzerland
This Musawah report takes a critical look at the status of marriage and family relations, as encapsulated in Article 16 of the Convention on the Elimination of All Forms of Discrimination against Women (‘CEDAW’ or ‘CEDAW Convention’), in Algeria and Jordan, two of the Organisation of Islamic Cooperation (OIC) member states reporting before the 51st Session of the Committee on the Elimination of Discrimination against Women (‘CEDAW Committee’).
The focal point of this research paper (2005) is the question: What place do forced marriages occupy in the process of choosing a spouse among Turks, Moroccans and Hindustani in the Netherlands? This research paper focuses on a comparison between the three groups named.
The following research questions are posed:
1. What views are held with respect to marriage, the importance of marriage and how it is brought about (especially the place given to freedom of choice, on the one hand, and coercion, on the others, with respect to who one is to marry)