الحقوق و المسؤوليات أثناء الزواج بين القوامة و مبدأ المساواة بين الفقه الإسلامي و الاتفاقيات الدولية

Abstract EN

Marriage is a contract, like all other contracts, which entails rights and duties to carry out family tasks and functions.

However, the legislations differed on the method of distributing these rights and obligations between the parties to the marital relationship.

They sought to achieve balance within the family and protect woman and her rights.

Islamic jurisprudence has built its methodology on marital guardianship headed by the husband to the family and criticized that it is a masculine approach, the husband has imposed tyranny on women and the international conventions have built their approach on marital partnership, which is based on equality of rights and duties between spouses and demanded member states to change their laws in line with the principle of equality.

As discrimination and injustice against women and their rights, and this pose the problem of activating the principle of equality in the distribution of rights and responsibilities between the spouses approach between Islamic jurisprudence and the methodology of international conventions.