THE PURPOSE OF GENDER EQUALITY, ITS APPLICATIONS AND CONTRAINDICATIONS IN ISLAMIC JURISPRUDENCE: A COMPARATIVE STUDY WITH INTERNATIONAL AGREEMENTS
Loading...
Date
2022-03-16
Authors
Hammouda, Asma
Journal Title
Journal ISSN
Volume Title
Publisher
جامعة النجاح الوطنية
Abstract
This study discusses the issue of equality between men and women (its applications and prohibitions in Islamic jurisprudence) as a comparative study with international conventions. This topic has been examined from all its jurisprudential, intentional and comparative aspects.
The study consisted of five chapters; the first chapter dealt with the objective of equality in Islam, then it demonstrated that this objective is the pillar of all human rights, and noted the relationship between it and the objectives of freedom and justice in Islam. In the second and third chapters, the study defined the equality between men and women in Islam and indicated that Islam equated both genders in all rights that are due to religion and the origin of human creation. However, this equality is not absolute. In fact, it's determined by the barriers that are related to the physical and functional differences of both genders, and this demonstrates the justice of Islam, for Islam does not charge or burden any person except with that within their capacity. Moreover, the study discussed the most significant differences between men and women regarding the family conditions, such as dowry, alimony, caretakers, guardianship, custody, the prescribed period for women, divorce, inheritance, etc. Furthermore, some of the allegations accusing Islam of oppressing women, detracting from their rights, and favoring men over them have been answered. In this regard, the study pointed out the efforts of the West in planting this idea in the mind of Muslim women. This is in order to eliminate the most important forts of Islam through the conferences and conventions they hold widely.
As for the fourth chapter, it highlighted the difference between men and women in other jurisprudential issues, such as testimony, Diya (i.e. blood money), public guardianship, and jihad, all in a comparative jurisprudential manner. In the fifth chapter, the study pointed out that the first purpose for the West in discussing Muslim women's issues in international conferences and conventions is to impose its model on Islamic life in all fields. Through this chapter, the researcher examined and critically studied CEDAW convention from a legitimate perspective, as well as the draft Palestinian law concerning the protection of the family from violence, which is considered the spoiled son of CEDAW Convention, and then it outlined the risks of its application in Arab and Islamic societies.
At the end of the study, the researcher reached a set of results, the most important of which: that the objective of equality in Islam is a great objective, it is the pillar and starting point for all human rights. Moreover, equality between men and women is constrained by the structural and functional differences for each of them. In addition, it's a necessary regulatory rule for the stability of the institution of marital partnership to give the man the authority over the woman, the meaning of authority here is in terms of guardianship, management and care, and not to domination and oppression. Also, in Islam, the wife has full capacity and independent financial responsibility to dispose of her property within the framework of the provisions of Shari'ah. The researcher also concluded that the system of inheritance in Islam is a just system, and that the West seeks to impose its standard on Islamic societies in all fields, political, economic, social, educational, etc., without regard to the specificity of religion, customs and traditions. The West also aims to establish full and absolute equality between men and women, eliminating biological and functional differences between them, through its conferences and conventions.
The researcher believes that this study is very important; as it is characterized by originality and contemporary, and aims to insight and awareness of the Muslim generations of what is knitted and planned for them day and night. It also aims to strengthen the confidence of Muslim women in their religion, and in the Justice of the Lord's approach that Allah the Almighty has arranged for them.
Description
This study discusses the issue of equality between men and women (its applications and prohibitions in Islamic jurisprudence) as a comparative study with international conventions. This topic has been examined from all its jurisprudential, intentional and comparative aspects.
The study consisted of five chapters; the first chapter dealt with the objective of equality in Islam, then it demonstrated that this objective is the pillar of all human rights, and noted the relationship between it and the objectives of freedom and justice in Islam. In the second and third chapters, the study defined the equality between men and women in Islam and indicated that Islam equated both genders in all rights that are due to religion and the origin of human creation. However, this equality is not absolute. In fact, it's determined by the barriers that are related to the physical and functional differences of both genders, and this demonstrates the justice of Islam, for Islam does not charge or burden any person except with that within their capacity. Moreover, the study discussed the most significant differences between men and women regarding the family conditions, such as dowry, alimony, caretakers, guardianship, custody, the prescribed period for women, divorce, inheritance, etc. Furthermore, some of the allegations accusing Islam of oppressing women, detracting from their rights, and favoring men over them have been answered. In this regard, the study pointed out the efforts of the West in planting this idea in the mind of Muslim women. This is in order to eliminate the most important forts of Islam through the conferences and conventions they hold widely.
As for the fourth chapter, it highlighted the difference between men and women in other jurisprudential issues, such as testimony, Diya (i.e. blood money), public guardianship, and jihad, all in a comparative jurisprudential manner. In the fifth chapter, the study pointed out that the first purpose for the West in discussing Muslim women's issues in international conferences and conventions is to impose its model on Islamic life in all fields. Through this chapter, the researcher examined and critically studied CEDAW convention from a legitimate perspective, as well as the draft Palestinian law concerning the protection of the family from violence, which is considered the spoiled son of CEDAW Convention, and then it outlined the risks of its application in Arab and Islamic societies.
At the end of the study, the researcher reached a set of results, the most important of which: that the objective of equality in Islam is a great objective, it is the pillar and starting point for all human rights. Moreover, equality between men and women is constrained by the structural and functional differences for each of them. In addition, it's a necessary regulatory rule for the stability of the institution of marital partnership to give the man the authority over the woman, the meaning of authority here is in terms of guardianship, management and care, and not to domination and oppression. Also, in Islam, the wife has full capacity and independent financial responsibility to dispose of her property within the framework of the provisions of Shari'ah. The researcher also concluded that the system of inheritance in Islam is a just system, and that the West seeks to impose its standard on Islamic societies in all fields, political, economic, social, educational, etc., without regard to the specificity of religion, customs and traditions. The West also aims to establish full and absolute equality between men and women, eliminating biological and functional differences between them, through its conferences and conventions.
The researcher believes that this study is very important; as it is characterized by originality and contemporary, and aims to insight and awareness of the Muslim generations of what is knitted and planned for them day and night. It also aims to strengthen the confidence of Muslim women in their religion, and in the Justice of the Lord's approach that Allah the Almighty has arranged for them.
Keywords
Equality, equality barriers, freedom, justice, the CEDAW convention, gender, woman enablement, reproductive health, family protection bill.