Introduction to Analysis the Compatibility between Women’s Rights in Islamic Law and International Human Rights

Document Type : Research Article (International Relation)

Author

Assistant Professor, Department of Law, Shahid Ashrafi Isfahani University, Isfahan, Iran

Abstract

International Human rights, especially women rights, in today's world is one of the main challenges of the Islamic world with International Law. In fact, one of the great allegation against Islam is about the violation of women rights in Islamic law. This is while in Islam, Human – even man or woman- is considered equal by specification of the verses of the Qur'an like” Surely the most noble of you in the sight of Allah is the most righteous among you” (al-hujurat/13). Islam however also recognizes that such equality does not mean that men and women are the same. It notes their different physical and emotional strengths and in view of this sets out their key roles in life. In this framework, the purpose of this article is to assess the misinterpretations of international women rights about some Islamic views toward women rights. This article’s objective is to highlight connections between the basic tenets of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women and the nature of Islam-based reservations. Also, it assess the question of the compatibility of the Sharia with modern international human rights law. Because it is a subject of enormous complexity and variation, detailed examination is restricted to two highly contentious subjects of Islamic family law – polygamy and the Divorce within Islam. The results show that the dispute between Islam and the West over human rights is not a conflict in dialectics but of perspectives, So that Islamic doctrines are compatible with modem norms regarding human rights. Likewise, the divergence between these two worlds are not fundamental clash, but actually the disagreement can be viewed as a cultural dialogue.

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Volume 10, Issue 1
March 2023
Pages 113-127
  • Receive Date: 18 October 2022
  • Revise Date: 29 November 2022
  • Accept Date: 09 December 2022