A Study of Article XVI of CEDAW Convention in Light of the Objective of equality between men and women in Islamic Jurisprudence
Keywords:
Keywords: CEDAW, personal status, equality objective.Abstract
Abstract:
The research aims to clarify the justice of Islam in matters in which men and women have equal rights, as well as the matters that involve impediments which invalidates the rule of complete equality between them. It also aims to highlight equality between men and women as one of the objectives of Islamic law, and to show that the relationship between men and women is an integrative and complementary relationship, not a competitive one.
The study approach is based on collecting and analyzing the research material, and studying Article sixteen of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) analytically in light of the objective of equality in Islamic legislation.The methodology of comparative jurisprudence was adhered to with regard to contentious issues, and to indicateand discuss the evidences to reach the most authoritative opinion.
A set of results have been reached, the most important of which is that Islam has honored women and treated them fairly and equalized them with men in terms of human capabilities and characteristics that go back to the one origin and one soul. Islam’s justice and mercy towards women also appear in matters that prevent equality between them and men. Also,the Article sixteen of CEDAW Convention contradicts the purposes of Islamic Shari'ah in terms of personal status provisions related to marriage, guardianship, custodianship and other family provisions.
Among the recommendations is that one should beware of being deceived by conventions and conferences that aim to eliminate Muslim women by calling for absolute equality between them and men, taking them away from their role in raising children and taking care of their homes, and giving them absolute freedom to do what they want without any religious, moral, logical, rational or customary precepts or controls.
Keywords: CEDAW, personal status, equality objective.
