Page 26
MALI
(CONTINUED)
Ending Sex Discrimination in the Law
EQUALITY NOW – BEIJING+25
Article 366. A divorced woman shall not remarry before a period of three months after the
divorce.
Article 373. A widow shall not remarry before a period of four months and ten days after
the death of her husband. A pregnant widow can only remarry after childbirth.
If the birth occurs during this time, it is no longer required to complete the period prescribed in
the previous paragraph.
Note: Article 2 of the Constitution of Mali: All Malians are born and live free and equal in
their rights and duties. Any discrimination based on social origin, color, language, race, sex,
religion, or political opinion is prohibited.
SUDAN
The Muslim Personal Law Act of Sudan, 1991:
Section 25(c). The validity of a marriage contract is conditioned on
the existence of a guardian who would conclude the contract [for
the woman].
Section 33. A guardian of a Muslim woman shall be male, sane,
mature and Muslim.
Take Action – Sudan
Prime Minister Abdalla Hamdok
Khartoum
SUDAN
Email: shakawa@sudan.gov.sd; info@
sudan.gov.sd; sudan@sudanmission.org
(Mission to the UN in New York)
Twitter: @SudanPMHamdok
Section 34. (1) The marriage of a pubescent woman shall be
concluded by her guardian with her permission and consent to the husband and the dowry.
Her word regarding her attainment of pubescence shall be conclusive unless it contradicts the
obvious.
(2) A virgin pubescent woman’s express or implied affirmation is necessary if her guardian
concluded her marriage contract and informed her later.
Section 40(3). The guardian of a minor girl cannot conclude her marriage contract unless
there is permission from the judge. The guardian has to prove that the marriage will benefit
the minor girl, that the husband is suitable and the husband pays the dowry usually paid to
women of her status.
Section 51. The wife’s rights in relation to the husband shall be:
(a) to be provided with living expenses;
(b) to be allowed to visit her parents and those relatives whom she is prohibited by
Shari’a law from marrying and to receive the aforesaid in her home;
(c) the husband must not (i) interfere with her private property, and (ii) harm her
financially or emotionally; and
(d) to be treated equally and justly with her co-wife or co-wives.
Section 52. The husband’s rights in relation to his wife shall be:
(a) to be taken care of and amicably obeyed; and
(b) to have the wife preserve herself and his property.