الأسس المرجعية لتنظيم الحقوق الزوجية: دراسة مقارنة بين خصوصية النظام التشريعي الإسلامي وعولمة القيم الغربية

الملخص EN

: This paper focus on the basis for the division of conjugal rights between the purposes of Islamic Legislation and the intellectual foundations of international conventions relating to family, which its most important is CEDAW Convention and the resulting international conferences (the Cairo Development and Population Conference in 1994, and the Beijing Conference on Equality, Development and Peace in 1995).

At the same time when these conventions are based on the idea of olute equality between spouses in marital rights and burdens, influenced by the Western approach to women's rights, which is spearheaded by the radical feminism movement called « Gender feminism ».

we find on the other hand, that the division of conjugal rights under Islamic Law stems from divine justice, which has a realistic characteristic that respects the specificity of the innate aspect and the social custom of the roles of both: women and men, as well as justice and equal distribution of burdens and rights in marital life that do not always require equality.

While Islamic legislation is the primary source of personal status laws in many Muslim countries, the provisions of international human rights conventions in general, and those concerning the family in particular, have not taken into account the particularities of these countries in the formulation of many of their rules.

Which prompted Muslim countries to express their reservations for certain provisions of the CEDAW Convention, for example.

The challenge remains to protect family stability in Muslim societies, Especially in light of the continuing pressures of the UN's Committee on the Rights of Women and the UN's Committee on the Rights of Child on States that have registered reservations, to lift their reservations and amend their family laws in line with Western values that are incompatible with Islamic legislation, Which attempts to impose models that eliminate the peculiarities of the family system of Islamic societies.