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Djibouti: Information on whether Sharia law allows a divorced woman access to her children when custody is given to the husband; on whether a divorced mother can appeal to the civil courts to enforce the access to a child granted under Sharia law; on whether a divorced mother can go to the civil courts to have a custody order made by a Sharia court revised; and on how custody and access rights to children given under Sharia law are enforced, and by whom; and on how legal guardianship or custody is registered

The following information was obtained in a telephone interview with an official at the Embassy of Djibouti in Washington, DC on 2 August 1995.

According to the official, a divorced woman can be granted access to her children under Sharia law, when custody of them is awarded to her husband. Usually, the mother receives custody of the children following a divorce unless she is considered to be unfit as a mother, for example if she is a prostitute, or she cannot take care of the children.

Sharia courts are courts of first hearing in Djibouti concerning family matters such as marriage and divorce. They operate on the basis of consensus by which the person who officiates, attempts to reconcile the two disputing parties according to mutually agreed upon terms. If no agreement can be obtained, either party, including a divorced mother, can appeal to the civil courts to enforce access rights to a child granted by a Sharia court. Civil courts can hear cases in which one of the disputants seeks to appeal the terms of a Sharia court decision. If an agreement can be reached between the parties before their case is heard by the civil court system, the parties can return to the Sharia court to validate their new agreement.

In a subsequent telephone interview on 15 August 1995, the same embassy official stated that Sharia courts are responsible for maintaining records regarding legal guardianship or custody rights. For the enforcement of agreements and/or decisions determined by a Sharia court, it is the responsibility of the two parties to abide by the terms of the agreement. A dissatisfied participant can complain to the Sharia court if the other party of the agreement fails to honour the Sharia court decision. However, there is no social service system that follows up a Sharia court decision to determine if both parties are adhering to the decision, for example on child custody rights.

Additional and/or corroborative information could not be found among the sources consulted by the DIRB.

This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of sources consulted in researching this Information Request.

References

Embassy of the Republic of Djibouti, Washington, DC. 15 August 1995. Telephone interview with official.

_____. 2 August 1995. Telephone interview with official.

Additional Sources Consulted

Arab Law Quarterly. 1993-1995.

Arab Studies Quarterly. 1993-1995.

Dossier: Women Living Under Muslim Laws. 1991.

The Marriage Contract in Islamic Law. 1992.

Price of Honour: Muslim Women Lift the Veil of Silence on the Islamic World. 1994.

Socio-legal Status of Muslim Women. 1993.

The Status of Women Under Islamic Law. 1990.

Women in Muslim Family Law. 1982.

Oral sources.