Base de Datos Género y Derecho a la Tierra


Normas consuetudinarias, creencias religiosas y prácticas sociales que influyen en el derecho a la tierra diferenciado por género

- Male family members have an obligation to provide support to female members that means a wife is entitled to maintenance from her husband, in terms of shelter, clothing, food and medical care, as provided for by the Qur’an 4:34 (23).

- In rural areas it is customary for all male and female family members to contribute to cultivating the land. Women help tend the livestock, they sow, plough and harvest the land, and they prepare food for the family. Women do not own the land they work on and according to custom they do not inherit it (4).

- The concept of ayib is used to protect women’s honour and thereby the honour of the family or kinship group. Haram, on the other hand, is applied to whatever violates the dictates of Islamic teachings and codes and is considered to be sacrilegious (4).

- For a widow, the case is similar to that of the divorcee, but more severe. Cleansing is a cultural practice consisting in denying the widow the right to remarry in order to make sure that the property and children remain in her husband’s family name. In rural areas, women often marry the brother of the late husband so to keep the property in his family (24).

- It is a wide spread traditional practice that women enter into marriages before adulthood (18).

- In either tribe or family, where a notion of collective identity based on patriarchy prevails, individual rights of women are subordinated to male members who are vested with the capacity of perpetuating the family.

- According to custom, it is the husband’s responsibility to provide the matrimonial home; upon marrying, a woman moves from her parent’s/father’s house to her husband’s. Property rights remain the privilege of men as tradition dictates that they are responsible for the economic livelihood of the family (4).

Fuentes: los números entre paréntesis (*) se refieren a las fuentes que están en la sección de Bibliografía