Muslim family law and practices: perspectives CEDAW

Abstract

Equality and justice in the Muslim family law are the necessary elements as these uses a holistic framework that integrates Islamic teaching, universal human rights, national constitutional guarantees of equality, and lived realities of women and men. Islam and human rights collectively argues for equality within the Islamic legal system. As such, recognizes the compatibility between concepts of equality and justice in Islam and in international human rights standards, including the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) adopted in 1979. Many states parties to the CEDAW Convention assert that they cannot fully implement CEDAW because it is in conflict with Shari’ah, or that laws or practices cannot be changed because they are divine or based on the Qur’an. The full implementation of CEDAW is possible, as the principles of equality, fairness and justice within CEDAW and Islam are fully compatible and reform of laws and practices for the benefit of society and the public interest (maslahah) has always been part of the Muslim legal tradition. This study attempts to provide an overview of the general approach of the equality principles, including responses to several of the common arguments or justifications made by traditional scholars and their disciples about why they fail to fully implement the provisions of CEDAW in Muslim family laws