Harmonization of Shariah and the convention on the elimination of all forms of discrimination against women (CEDAW)

Hararah, Mohammed M. K. and Elshobake, Mohammed R. M. (2023) Harmonization of Shariah and the convention on the elimination of all forms of discrimination against women (CEDAW). In: 5th International Conference on Harmonisation of Shari’ah and Civil Law 2023, Senate Hall, Level 5, Muhammad Abdul-Rauf Building, IIUM. (Unpublished)

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Abstract

The CEDAW Convention adopted by the United Nations General Assembly in 1979 adopts the principle of eliminating all forms of discrimination between men and women against women in all political, economic, and social fields. The Convention pushes the signatory countries on the need for absolute equality between men and women, as they are no less important than men, and this is inconsistent with the provisions of Islamic law, in addition to the imminent danger to countries through the abolition of their internal laws, the application of the provisions of the Convention on Equality between men and women, and the imposition of Western culture without Consideration of the principles and traditions of countries, and their lack of observance of the provisions of Islamic law. Using the inductive, analytical, and comparative approach, this study aims to know the rights mentioned in the Convention on the Elimination of All Forms of Discrimination against Women and to find out the compatibility of these rights with the rights granted by Islamic law to women. It is found that the Islamic Sharia granted women full rights, and that compatibility and balance can be achieved between the Convention on the Elimination of All Forms of Discrimination against Women and the Shariah if substantial amendments are made to that provisions which contradict with Islamic law.

Item Type:	Conference or Workshop Item (Slide Presentation)
Uncontrolled Keywords:	Harmonization, Islamic law, international law, Women's rights, CEDAW.
Subjects:	B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc > BP1 Islam > BP100 Sacred books > BP140 Islamic law (Fiqh) B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc > BP173.44 Human Rights In Islam BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General) > BPK78 Usul al-fiqh > BPK109 Sources of Islamic law > BPK121 Ijtihad > BPK125 Applicability of Ijtihad. Instances of application > BPK125.2 Harmonisation of Shari’ah and law J Political Science > JX International law K Law > K Law (General) K Law > KBP Islamic Law K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr. MOHAMMED R. M. ELSHOBAKE
Date Deposited:	13 Oct 2023 10:07
Last Modified:	13 Oct 2023 10:20
URI:	http://irep.iium.edu.my/id/eprint/106088

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