الحقوق المتعلقة بالأحوال الشخصية (الزواج)‎ في ضوء اتفاقية سيداو والشريعة الإسلامية

Abstract EN

In light of the openness witnessed by the Arab and Islamic world and keeping pace with everything new in the Western world, whether it is in line with or contrary to our Sharia law, this has led to undermining the rights of an important category in the society, which is the woman whom Islam dignified and treated nobly after women underwent a life of humiliation and persecution in ancient civilizations.

CEDAW Treaty, which represents the international treaty that was adopted on December 18, 1979, by the United Nations General Assembly, stipulates the elimination of all forms of discrimination practiced against women, in the political, social, economic, civil and all personal status fields.

In general, CEDAW Treaty calls for the absolute equality of rights between men and women in all fields, and it included a special list of women’s rights, in order to emphasize the role of women in society and that women are no less important than men.

Therefore, this treaty is considered one of the most important international instruments that call for upholding all women’s rights as it considers discrimination against women an injustice and an insult to their dignity.

This study examines some of the provisions of the conventions that the United Nations called for, claiming its concern for women, namely the "CEDAW Treaty".

The study also highlights the position of Islamic sharia on rights related to personal status, marriage in particular.

The researcher divided this research into two chapters.

The first chapter handled the provisions of the CEDAW treaty related to personal status that are compatible with Islamic Sharia.

The second chapter dealt with the provisions of CEDAW treaty related to personal status that are in violation of Islamic Sharia.

The study reached the most important findings and recommendations.

The conclusion of this study has the most important findings and recommendations as follows: - The abolition of guardianship over women demanded by the CEDAW agreement contradicts with Islamic Sharia, as the guardian is required to initiate the marriage contract according to the most correct of the sayings of the jurists.

- CEDAW agreement gives women an independent financial responsibility like men, which is in accordance with Islamic Sharia, as the jurists have consensus on the right of an adult woman to own and dispose of her money with compensation, without anyone having guardianship over her.

The researcher recommended the competent authorities to hold awarenessraising and educational conferences and seminars about the CEDAW agreement including its tacit and explicit contents, and to warn against the legal violations it contained.