The most comprehensive compilation of information on the status of
women in the world.

Latest items for ATDW-LAW-5

Sept. 22, 2017, 7:10 a.m.
Countries: Bangladesh, Indonesia, Pakistan
Variables: ATDW-LAW-5

"India has the world's second-largest Muslim population, but, unlike other countries with significant Muslim populations such as Pakistan, Bangladesh and Indonesia, has yet to officially pass legislation outlawing triple talaq [Islamic practice of instant divorce]" (para 12).
Sept. 22, 2017, 7:08 a.m.
Countries: India
Variables: ATDW-LAW-5

"India's Supreme Court banned the controversial Islamic divorce practice known as 'triple talaq' in a landmark ruling announced Tuesday" (para 1). Triple talaq refers to the practice of a Muslim man saying the Arabic word for divorce, talaq, three times to his wife as an official form of divorce (TPJ - CODER COMMENT). "'The majority decision is that triple talaq is banned in law,' said Srinivasan. 'From now on in India, the law is that there is no practice of triple talaq which is held to be valid'" (para 4). Triple talaq refers to the practice of a Muslim man saying the Arabic word for divorce, talaq, three times to ...more
Sept. 14, 2017, 12:28 p.m.
Countries: Israel
Variables: ATDW-LAW-5

"The bitter divorce is being fought under millennia-old Jewish law. According to the law, a woman needs the approval of her husband to dissolve a marriage"(para 3). 'In Israel, where all marriages are subject to religious law, this norm has left thousands of women in legal limbo due to husbands who refuse to grant divorces. In recent decades, the rabbinical courts have gained the authority to impose various sanctions against recalcitrant husbands"(para 4-5)."Israel's state-sanctioned rabbinate oversees many aspects of daily life for the Jewish majority, including marriage and divorce. There are no civil marriages, meaning that couples must marry or divorce according to religious law — or travel abroad for ...more
Sept. 12, 2017, 10:04 a.m.
Countries: Iran
Variables: IIP-PRACTICE-1, IIP-LAW-1, ATDW-PRACTICE-1, ATDW-PRACTICE-2, ATDW-LAW-5, CUST-LAW-1

"Women in Iran are subject to pervasive discrimination both in law and practice, including in areas concerning marriage, divorce, child custody, freedom of movement, employment, and access to political office"(para 17)
Aug. 23, 2017, 12:46 a.m.
Countries: Cuba
Variables: ATDW-LAW-5

1994 Decree-Law 154: Divorce attorney. (WROLUCFW: P2)
July 31, 2017, 3:29 p.m.
Countries: Malta
Variables: ATDW-LAW-5

"Ms. Bartolo (Malta) said that separation was allowed on the ground of the irretrievable breakdown of marriage provided that the marriage had lasted four years" (para 54)
June 21, 2017, 3:23 p.m.
Countries: United States
Variables: MARR-PRACTICE-1, ATDW-LAW-5

"A girl can marry at 14, but cannot legally divorce until 18. The new law will mandate that a 17-year-old who marries will also be able to divorce. And shelters for victims of domestic violence generally do not accept anyone under 18" (p 9)
May 1, 2017, 3:07 p.m.
Countries: Singapore
Variables: ATDW-PRACTICE-2, ATDW-LAW-5

"Both men and women have the right to initiate divorce proceedings, but women faced significant difficulties, including a lack of financial resources to obtain legal counsel, which prevented some of them from pursuing such proceedings" (22).
April 18, 2017, 10:29 a.m.
Countries: Indonesia, Pakistan
Variables: ATDW-LAW-5

"India is home to one of the largest Muslim populations in the world, but unlike most Muslim-majority countries, it has not banned the practice of triple talaq [the practice where a man can say 'talaq' the Arabic word for divorce three times in order to officially divorce his wife]. In Pakistan and Indonesia, the practice has been outlawed for years" (para 12).
April 18, 2017, 10:26 a.m.
Countries: India
Variables: ATDW-LAW-5

"India is home to one of the largest Muslim populations in the world, but unlike most Muslim-majority countries, it has not banned the practice of triple talaq [a man's right to say 'talaq' the Arabic word for 'divorce' three times in order to officially divorce his wife]" (para 12).
March 28, 2017, 1:47 p.m.
Countries: Guinea-Bissau
Variables: ATDW-LAW-5

"Customary law rather than civil law governs divorces, often giving fathers a distinct advantage over mothers" (526). "The efforts to reform custom-ary laws led to the creation of people’s courts at the village level. These courts took responsibil-ity for overseeing divorces. Many girls had been betrothed at infancy, and the reforms made the practice of arranged marriages illegal. Women were able to turn to people’s courts for help when they wished to divorce their husbands" (527).
Feb. 27, 2017, 5:43 p.m.
Countries: Ethiopia
Variables: ATDW-LAW-5

"Irrespective of the number of years a marriage existed, the number of children raised, and joint property, the law entitled women to only three months’ financial support if a relationship ended" (29).
Jan. 10, 2017, 6:36 p.m.
Countries: Sierra Leone
Variables: MARR-LAW-5, ATDW-LAW-5

"The Registration of Customary Marriage and Divorce Act, the Domestic Violence Act and the Devolution of Estates Act, aiming at harmonizing national legislation with the Convention’s provisions, each in 2007" (2)
Jan. 10, 2017, 6:36 p.m.
Countries: Sierra Leone
Variables: MARR-LAW-5, ATDW-LAW-5, DV-LAW-1, CONST-LAW-1

"The Committee is particularly concerned that the highly debated section 27 (d) (4) of the Constitution, which provides that the prohibition of discrimination does not apply to adoption, marriage, divorce, burial, devolution of property on death and to other matters of personal law, not only discriminates against women, but also prevails over the Registration of Customary Marriage and Divorce Act, the Domestic Violence Act and the Devolution of Estates Act, thus defeating the efforts of the State party to comply with the Convention" (3)
Jan. 4, 2017, 2:59 p.m.
Countries: Jordan
Variables: ATDW-PRACTICE-1, ATDW-PRACTICE-2, ATDW-LAW-5

“Women may seek divorce without the consent of their husbands in limited circumstances such as abandonment, spousal abuse, or in return for waiving financial rights. The law allows retention of financial rights under specific circumstances, such as spousal abuse. Special courts for each Christian denomination adjudicate marriage and divorce” (32).
Dec. 30, 2016, 12:38 p.m.
Countries: Japan
Variables: ATDW-LAW-5

"Article 733 [Japan’s Civil Code]. (1) A woman may not remarry unless six months have passed since the day of dissolution or rescission of her previous marriage. (2) In the case where a woman had conceived a child before the cancellation or dissolution of her previous marriage, the provision of the preceding paragraph shall not apply (para 3-4)
Dec. 30, 2016, 12:35 p.m.
Countries: Israel
Variables: ATDW-LAW-5

"Rabbinical Courts Jurisdiction (Marriage and Divorce) Law (5713-1953): 1. Matters of marriage and divorce of Jews in Israel, being nationals or residents of the State, shall be under the exclusive jurisdiction of rabbinical courts. 2. Marriages and divorces of Jews shall be performed in Israel in accordance with Jewish religious law" (para 1). “'Plonit v. Ploni', The High Rabbinic Court, 1995: '. . . even if it is true that she despises him there is no basis on which to force him to divorce her as it is written in the Shulchran Aruch [Medieval Compilation of Jewish law] section 37 page 2 ‘if the husband wants to divorce her,’ but ...more
Dec. 29, 2016, 12:13 p.m.
Countries: Burkina Faso
Variables: ATDW-LAW-5

"The law permits polygyny, but a woman must agree to it prior to marriage...Each spouse may petition for divorce…" (20).
Dec. 23, 2016, 11:26 a.m.
Countries: Algeria
Variables: ATDW-LAW-5

"Article 48 [of Algeria's Family Code of 1984]. Divorce is the dissolution of marriage . . . It arises from the will of the husband, mutual consent of the spouses, or the demand of the wife as provided in articles 53 and 54" (para 5). "Article 53 [of Algeria's Family Code of 1984]. The wife can seek a divorce on the following grounds: (i) non-payment of maintenance . . . ; (ii) infirmities hindering realization of the objects of marriage; (iii) refusal of the husband to cohabit with his wife for more than four months; (iv) conviction of the husband which is of such a nature as to dishonour the ...more
Nov. 15, 2016, 12:59 p.m.
Countries: Turkey
Variables: ATDW-LAW-5

"In cases of extreme incompatibility, the new law also recognized a woman’s right to demand a divorce. But this law ended up being abandoned after many disputes. Minorities that wanted to protect their communal autonomy requested that the British occupation forces halt its enforcement. In 1926, Turkey abolished Ottoman laws that incorporated Sharia and started enforcing the Swiss civil code"(para 12)
Nov. 7, 2016, 1:31 p.m.
Countries: Bahrain
Variables: ATDW-PRACTICE-2, ATDW-LAW-5, DTCP-LAW-1

"Women have the right to initiate divorce proceedings, but both Shia and Sunni religious courts may refuse the request, although the refusal rate was significantly higher in Shia courts than in Sunni courts, with Shia courts often refusing to grant the divorce due to differences in legal codes" (30).
Oct. 25, 2016, 4:16 p.m.
Countries: Ukraine
Variables: ATDW-PRACTICE-2, ATDW-LAW-5

"Article 107 of the Family Code gives women and men the right to initiate a divorce proceeding" (para 6).
Oct. 25, 2016, 11:28 a.m.
Countries: Togo
Variables: ATDW-LAW-5

"The draft revised version of the Personal and Family Code introduces an innovation by establishing divorce by mutual consent in articles 110 et seq. of chapter 4, which is entitled 'Divorce by mutual consent' and is found in title 4, on marriage" (66).
Sept. 23, 2016, 8:52 a.m.
Countries: Singapore
Variables: LRCM-LAW-1, ATDW-LAW-5

"Article 375. Rape. (1) Any man who penetrates the vagina of a woman with his penis —(a) without her consent; or (b) with or without her consent, when she is under 14 years of age, shall be guilty of an offence…(4) No man shall be guilty of an offence under subsection (1) against his wife, who is not under 13 years of age, except where at the time of the offence: (a) his wife was living apart from him — (i) under an interim judgment of divorce not made final or a decree nisi for divorce not made absolute; (ii) under an interim judgment of nullity not made final or ...more
Sept. 21, 2016, 5:30 p.m.
Countries: Vanuatu
Variables: ATDW-LAW-5

“Reflecting the tradition of fishing in Vanuatu, presumption of death is an important part of traditional law, since it is not uncommon for fishing vessels to be washed away for extended periods. Seven years must pass before a presumption of death can be decreed, after which he wife can pursue not only divorce but also inheritance processes” (1261).
Sept. 9, 2016, 12:34 p.m.
Countries: Sudan
Variables: ATDW-PRACTICE-2, ATDW-LAW-5

"According to Islam, in case of disagreement between husband and wife, a number of remedial steps to reconcile have to be taken, and if they all fail, then divorce takes place. In practice, however, husbands easily divorce their wives, if they so wish, whereas it is difficult for a wife to divorce her husband against his will. Though Islam has granted women the right to initiate divorce, it requires that this right be clearly stated in the marriage contract" (10).
Sept. 7, 2016, 7:52 p.m.
Countries: South Africa
Variables: ATDW-LAW-5

"Customary communities and the state may perceive marital status, and the practices or procedures which regulate it, differently. For instance, without following the RCMA procedures, a couple may consider themselves divorced once they have unilaterally, in consultation with their families or with the assistance of another customary dispute resolution forum, decided to end the marriage. However, the couple would still be regarded by the state as married because the marriage was not terminated in accordance with the RCMA procedures" (301). "Importantly, it is through the court-mediated divorce procedures of the RCMA that the state offers support to married couples in the dissolution of their customary marriages. This support and assistance ...more
Sept. 6, 2016, 11:42 a.m.
Countries: Somalia
Variables: ATDW-LAW-5

"While women were not typically granted independent rights to land, a husband was obligated to provide enough land for his wives to feed themselves and their children. a failure to meet this obligation was grounds for divorce" (185).
Sept. 6, 2016, 10:28 a.m.
Countries: Somalia
Variables: ATDW-LAW-5

"The greatest change for women came in the 1970's and 80's under the dictatorship of Mohammed Siad Barre, whose quest to create a modern socialist country included reforms that gave women the right to vote, to divorce and to gain custody of children" (para 15).
Sept. 2, 2016, 1:17 p.m.
Countries: Somalia
Variables: ATDW-PRACTICE-2, ATDW-LAW-5

"The literature shows that when a marriage malfunctions, the husband’s exercise of power often results in the dissolution of the marriage since he has the right to repudiate his wife and terminate the marriage at will. Dissolution of marriage is accomplished generally by the husband who pronounces the talaq 'I divorce thee: three times'" (78).