In the work entitled Femmes, lois, initiatives dans le monde musulman, it is stated that in marriage, among other things, the law of Islam is not uniformly applied (WLUML May 1996, 9). It depends, on the one hand, on the interpretations, shaped by cultural and ethnic differences, the historic context, the colonial past, the sect and the line of jurisprudence to which a particular community subscribes, and on the other hand, on the policy of the public authorities (ibid.). Thus, with the exception of the Dogon ethnic group, one of the general rules in Mali is that a woman is obligated to accept the spouse that her father intends her to have (Bazin-Tardieu 1975, 83). Moreover, Danielle Bazin-Tardieu emphasizes that this addition to Malian tradition is of Muslim origin (ibid.).

In the eyes of the law, however, section 10 of the Malian Marriage and Guardianship Code (see the attached extracts) provides that [translation] "where there is no consent, there is no marriage" (Mali 1996). Section 15 even provides for a fine and a sentence of imprisonment for any registry official who proceeds to solemnize a marriage without ensuring that the spouses have given their consent (ibid.).

In a 6 October 1997 telephone interview, the president of the Association of Malian Jurists (Association des juristes maliennes, AJM), an association that runs a legal clinic offering legal assistance to the population and especially to Malian women, indicated that in order to circumvent the law, more than 80 percent of marriages are only entered into in the mosques where the consent of the spouses is not required. Under section 6 of the Marriage and Guardianship Code, any minister of a religion is required under penalty of fines to ensure that the spouses are in possession of a marriage certificate issued by a registry official before proceeding with a religious marriage ceremony (Mali 1996). According to the president of the AJM, the law has never been applied in this area (6 Oct. 1997).

The president of the AJM explained that women who have little or no education and come from fundamentalist Muslim communities are most affected by forced marriage (ibid.). She also indicated that the Malian state does not offer any protection to women who refuse to enter into this kind of marriage (ibid.).

The president of the AJM concluded by specifying that in reality, Malian tradition and Islam do not give a woman an opportunity to express her opinion as to the marriage she wants to enter into (ibid.). In the matter of marriage, Malian society is governed more by traditions than by the law (ibid.).

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.

Association des juristes maliennes (AJM). 6 October 1997. Telephone interview with president.

Bazin-Tardieu, Danielle. 1975. Femmes du Mali, Statut-image-réactions au changement. Ottawa: Éditions Leméac Inc.
Mali. 1996. Ministry of Justice.

Recueil des codes et textes usuels de la République du Mali 1959-1992.

Women Living under Muslim Laws/Femmes sous lois musulmanes (WLUML). May 1996. Femmes, loi, initiatives dans le monde musulman. Grabels, France: WLUML.

Bazin-Tardieu, Danielle. 1975. Femmes du Mali, Statut-image-réactions au changement. Ottawa: Éditions Leméac Inc, pp. 81-83.

Mali. 1996. Ministry of Justice. Recueil des codes et textes usuels de la République du Mali 1959-1992, pp. 5-10.

Women Living under Muslim Laws/Femmes sous lois musulmanes (WLUML). May 1996. Femmes, loi, initiatives dans le monde musulman. Grabels, France: WLUML, pp. 9-11.