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

- In accordance with the 1999 Family Code, the marital age is 17 years for women and 18 years for men. However, the practice of early marriage is widespread. Up to 70 percent of brides in the southern regions of the country are underage girls, as young as 12, and it is common for girls to become wives at 13−15 years old.

Due to the fact that it is impossible to get an official registration if a party is underage, young couples get a kebin, a permanent Islamic marriage. The certificate of religious marriage does not have any judicial force, which means that the parties have neither property nor inheritance rights against each other. The division of joint property during divorce is not protected (18).
By a 2007 decision of the Shaikh-ul-Islam, the highest Muslim cleric, a kebin certificate can be issued by Islamic authorities only upon official state registration of a marriage in the Public Registrar's Office (19).

Autoridades tradicionales e instituciones consuetudinarias


Prácticas de hecho en herencia/sucesión

- Traditionally, the youngest son stays with the parents and they are more inclined to leave their property to him. Therefore, girls have a much slimmer chance of obtaining property through inheritance (18).
An International Labour Organization (ILO) study showed that merely 0.1 percent of men and 1.1 percent of women intended to will their property to their daughters, while 36.9 percent of men and 41.9 percent of women thought that property should be inherited by the youngest sibling, male or female, who stayed with the parental family (19)

- When a man dies, his authority passes not to his widow, but to his eldest son (19).

Discrepancias/vacíos entre derecho escrito y derechos consuetudinarios

- Legislation is egalitarian regarding guarantees of property rights and protection of rights to land and other property acquired before and after marriage. However, gender asymmetry can be seen in unequal property ownership: men outstrip women by almost 90 percent in property ownership (19).

- Although the legal instrument of the Matrimony Contract could be used to protect women regarding the disposition of a house acquired prior to marriage, in practice, this is seldom done. The consequence is that in the case of divorce, a woman cannot claim division of the property or apartment if the marriage lasted less than 10 years and the property of her husband was acquired before marriage. The woman is only given a part of the apartment or a pecuniary indemnity and, in some cases, she may get nothing and be driven off by the law on private property (16).

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