Bhewa & Anor v. Govt. of Mauritius [15 May 1990. Summary of decision]

Womens Watch. 1990 Oct;4(2):6.


PIP: The court held that enactment of the 1987 Civil Status (Amendment) Act, which repealed earlier legislation providing for a code of Muslim Personal Law, did not infringe on the religious freedom of the Muslim community guaranteed in the Constitution. It ruled that provisions of civil law requiring monogamy and designed to safeguard the family and protect women from discrimination are justifiable in a democratic society, even though they may be inconsistent with Muslim personal law. It also noted that civil marriage is essential "in furtherance of the obligations undertaken by Mauritius . . . under the International Covenant of Civil and Political Rights."

MeSH terms

  • Africa
  • Africa South of the Sahara
  • Africa, Eastern
  • Africa, Northern
  • Developing Countries
  • Economics
  • Family Planning Policy*
  • Islam*
  • Jurisprudence*
  • Marriage*
  • Mauritius
  • Prejudice*
  • Public Policy
  • Religion*
  • Social Problems
  • Socioeconomic Factors
  • Women's Rights*