Indicator 10:The existing laws, including family laws, whether civil or customary, protect women and girls from abusive partners during marriage and divorce

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In almost all countries in the region, family relations, including marital relations, are still regulated, directly or indirectly, by customary and/or religious law. These two systems reveal a kind of tolerance of discrimination against women and even violence against them.

Marital rape is not criminalized. Except in Tunisia, polygamy is allowed (sometimes restricted to wife approval, like in Algeria or in Morocco).

In Egypt, domestic violence is punishable if battery exceeds the limits of “discipline”, while in Palestine it is not considered an offense. In all reviewed countries, women’s share in inheritance is less than men’s share.

These are still legal barriers to provision of equal protection of women and men in marriage and divorce.

Countries
Algeria

Algeria

The protection of women and girls from abusive partners during marriage and divorce remains incomplete in the existing laws.

  1. The family law and penal code do not criminalize marital rape.
  2. Article 279 of the penal code provides that a person who kills or injures his or her spouse benefit from mitigating circumstances if his or her spouse was caught in a sexual act out of marriage.
  3. Articles 260–264 of the penal code prohibit abortion, including for women who have been raped.
  4. The family law allows polygamy in case of the wife’s approval and the certification by a court of a “justified motivation” for the marriage and that the husband has adequate financial means to provide support.
  5. Under the family law, fathers are the sole guardians of their children.
  6. The inheritance, which is based on Sharia rules, does not guarantee the same rights for women and men.
Egypt

Egypt

The protection of women and girls from abusive partners during marriage and divorce remains incomplete in the existing laws.

  1. The penal code does not criminalize marital rape and does not ensure punishment for all offences of domestic violence.
  2. Article 237 of penal code provides that a man who surprises his wife committing sexual acts out of marriage and who kills her benefits from a reduced penalty.
  3. Articles 260–264 of the penal code prohibit abortion, including for women who have been raped.
  4. The personal status law for Muslims provides that men have a right to divorce by repudiation without resorting to the court while women have access to limited types of divorce that can only be obtained from a court.
  5. The personal status law for Muslims permits polygamy.
  6. Under the personal status law, fathers are the sole guardians of their children.
  7. The inheritance, which is based on Sharia rules, does not guarantee the same rights for women and men.
Jordan

Jordan

The protection of women and girls from abusive partners during marriage and divorce remains incomplete in the existing laws.

  1. The penal code and the protection from family violence law do not criminalize marital rape.
  2. Articles 321–325 of the penal code prohibit abortion, including for women who have been raped.
  3. The personal status law does not ensure equal rights in marriage and divorce between man and women.
  4. The personal status law permits polygamy.
  5. Under the personal status law, fathers are the sole guardians of children.
  6. The inheritance, which is based on Sharia rules, does not guarantee the same rights for women and men.
Lebanon Flag

Lebanon

The protection of women and girls from abusive partners during marriage and divorce remains incomplete in the existing laws.

  1. The penal code does not criminalize marital rape. The definition of rape in articles 503 and 504 of the penal code of 1943 excludes forced sex in marriage.
  2. The penal code does not prohibit early marriage. The minimum age of marriage varies among religious denominations and disadvantages girls. Although most religious groups set the minimum age as 18 for boys, all religious groups allow girls under the age of 18 to marry.
  3. Articles 539–546 of the penal code prohibit abortion, including for women who have been raped.
  4. Under the personal status law, women do not enjoy equal rights with men in marriage and divorce. Additionally, grounds for divorce or annulment under the various sectarian personal status laws discriminate against women.
  5. The personal status law allows polygamy for Muslims.
  6. Under the personal status law, fathers are the sole guardians of their children, except for Armenian Orthodox couples.
  7. The inheritance for Muslims, which is based on Sharia rules, does not guarantee the same rights for women and men.
Morocco

Morocco

The protection of women and girls from abusive partners during marriage and divorce remains incomplete in the existing laws.

  1. The law on combating violence against women and the penal code do not explicitly criminalize marital rape.
  2. Article 449 of the penal code criminalizes abortion.
  3. Article 418 of the penal code provides that a husband or a wife benefits from a mitigated sentence if they murder, injure, or beat their spouse who is caught in a sexual act out of marriage.
  4. The family code allows polygamy, even if restricted. Article 40 of the family code states: “polygamy is prohibited if the wives are not treated equally and fairly, and if the wife has stated as one of her conditions that her husband does not marry a second wife.”
  5. Under the personal status law, the father is the legal guardian of his minor children; the mother is guardian if the father is absent or is deprived of capacity.
  6. The inheritance, which is based on Sharia rules, does not guarantee the same rights for women and men.
Palestine

Palestine

The protection of women and girls from abusive partners during marriage and divorce remains incomplete in the existing laws.

  1. The penal code does not criminalize marital rape.
  2. Under the Jordanian penal code (articles 321–325) abortion is prohibited in the West Bank and in Gaza by the criminal code of 1936 (articles 175–177).
  3. The personal status law permits polygamy.
  4. Under the personal status code, fathers are the sole guardians of children.
  5. The legal age of marriage for women in the West Bank is 18 years under the Jordanian personal status law while in the Gaza Strip, it is 17 years old. The ages can be lower if a judge allows it with a guardian’s approval in the case of the girl.
  6. The inheritance, which is based on Sharia rules, does not guarantee the same rights for women and men.
Tunisia

Tunisia

The protection of women and girls from abusive partners during marriage and divorce remains incomplete in the existing laws.

  1. The law on eliminating violence against women and the penal code do not explicitly criminalize marital rape.
  2. The inheritance, which is based on Sharia rules, does not guarantee the same rights for women and men.

 

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2020 Regional Index on VAWG