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Sudan: Whether it is necessary for the father of a bride to provide permission for his daughter to initiate a divorce under Shari'a; whether he must be present at the place where the divorce proceedings are conducted or can provide his authorization by proxy

No information specifying that it is necessary for the father of a bride to provide permission for his daughter to initiate a divorce under Shari'a could be found among the sources consulted the Research Directorate. According to a 14 September 1997 IPS report, the fees for divorce at both shari'a and customary courts were raised to 250,000 Sudanese pounds ($165 US) for all petitioners, male or female, in an attempt to discourage divorce. The Annual Report on International Religious Freedom, 2000 states as a general comment that "It is much easier for men to initiate divorce proceedings than women" (Sept. 2000).

According to Women in Muslim Family Law, there are a limited number of ways in which a woman can initiate a divorce: the talaq al-tafwid, delegated divorce, a right granted by the husband; the khul divorce, where the wife expresses the desire to divorce but may be required to compensate the husband with some or all of her dower; and the faksh divorce, divorce by judicial process where the woman seeks divorce on one of a number of limited grounds (Esposito 1982, 33-35). According to The Status of Women Under Islamic Law, in a khul (khula) divorce, where the woman is under the age of majority, the woman will not be liable for compensation without the consent her guardian of property (Nasir 1990, 78).

According to a Webpage on Sudanese law on the Website of Emory Law School, the grounds according to which a wife may initiate divorce are incurable mental or physical illness of the husband, impotence not curable within one year, cruelty or discord, the husband's inability to provide, and divorce by 'ransom' (n.d.). However, no reference is made to any requirement of the consent of the bride's father.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate 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 additional sources consulted in researching this Information Request.

References

Annual Report on International Religious Freedom 2000. September 2000. United States Department of State. Washington, DC. <http://www.state.gov/www/global/human_rights/irf/irf_rpt/irf_sudan.html> [Accessed 22 Sept. 2000]

Emory Law School. n.d. "Sudan, Republic of the." <http://www.law.emory.edu/IFL/legal/sudan.html> [Accessed 22 Sept. 2000]

Inter Press Service (IPS). 14 September 1997. Nhial Bol. "Making Divorce Less Attractive." (NEXIS)

Esposito, John L. Women in Muslim Family Law. 1982. Syracuse: Syracuse University Press.

Nasir, Jamal J. The Status of Women Under Islamic Law and Under Modern Islamic Legislation. 1990. London: Graham & Trotman

Additional Sources Consulted

Rafiq Khan, Muniza. 1993. Socio-Legal Status of Muslim Women.

Women Living Under Muslim Laws. 1996. Shifting Boundaries in Marriage and Divorce in Muslim Communities.

Women Living Under Muslim Laws. Dossier. (1990-1999).