Comparison of women's rights in Islam and the Convention on the Elimination of All Forms of Discrimination against Women

Subject Areas : Nameh Elahiyat

Masumeh Akhlaq Pasand ¹ , Maryam Ibn Turab ² , Sayyed Husayn Sadjadi ³

1 - PhD student in Islamic jurisprudence and principles, Islamic Azad University, North Tehran Branch
2 - Assistant Professor Islamic Azad University, North Tehran Branch
3 - Assistant Professor Islamic Azad University, North Tehran Branch

Received: 2021-05-15 Accepted : 2021-05-15 Published : 2020-07-22

Keywords: nature, Discrimination, justice, equality, inheritance, Alimony, women's rights, Convention on the Elimination of All Forms of Discrimination against Women,

Abstract :

The drafting of the Convention on the Elimination of All Forms of Discrimination against Women is one of the results of Western studies on the issue of women. The main tool of the drafters of the Convention is the elimination of discrimination in order to eradicate the existing traditional gender stereotypes and to deny the differences between men and women and thus to create equal rights. In this case, the provisions of this convention are not in full compliance with Islamic law, and this has caused challenges in various social, legal and cultural fields. The purpose of this study is to compare the rights arising from the articles of the Convention and Islamic law, in order to provide an appropriate response to address the challenges in this field. Based on descriptive analytical studies, it was concluded that in addition to the common human and male commonalities, the two are inherently and evolutionarily different from each other, so it is natural from a social point of view and in the field. The regulation of legal rules should not be expected to be similar to them. In many of its rules and laws, Islamic law complies with the provisions of the Convention. The right to life, the right to liberty, human dignity, the right to employment and political rights such as the right to participate in elections, social rights, the right to education and health are some of the issues that have long been considered in Islam. But in some cases, men and women have different rights and rules based on the characteristics of creation and the responsibilities based on it. Therefore, equality in the Convention on the Elimination of All Forms of Discrimination against Women, contrary to Islamic law, is not based on justice and nature, and this is a form of discrimination.