المادة 16 من اتفاقية سيداو 1979 في فقه مقاصد التشريع الإسلامي: مقصد الحرية والمساواة وإشكالية لزوم الولاية على المرأة في إبرام عقد الزواج

الملخص EN

This study examines article 16 of the 1979 CEDAW convention, which advocates for the elimination of discrimination against women in the family sphere.

it explores how Islamic legislative objectives of freedom and equality are effectively addressed through balanced legislation.

the study analyzes the interplay between these objectives and the obligation of guardianship for women in marriage contracts, considering jurisprudential outputs and the adaptation of objectives within the general principles of Islamic legislation.

the findings indicate that requiring a guardian in women's marriages, with the purpose of protecting their private interests, preserving their dignity, and serving the public interest, does not contradict the goals of freedom and equality.

the legislator's consideration of the intended public interest through this requirement, along with prioritization, achieves a balanced approach.

this recognition of both interests is consistently taken into account when formulating provisions for both genders.