Ahkamul Sultania

i
All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit
ii
iii
iv
Dedication
I dedicate this work to My parents, my mother and father, who helped and guided me through the years and showed me love and happinesswho took care of me when ever I needed themwho held me tight during stormy days and made me feel the warmth of the sun in joyful summers
To my Husband Nael, my soul mate, who helped me put this piece of work togetherwho held my hand and made me walk through gloomy days to face the sun and feel the taste of success
To my sister Amina, who will always be little in my eyes, yet great in the way she enlightens meshe is my guardian angel, who encouraged me to go ahead with my masters and the one who introduced me to this program
Acknowledgment
Special Thanks to my Parents My Husband Nael My professor Dr. Mohammad Al Majali My brother and sisters My Friends Each and every one, for helping me become a branch of the Islamic tree of knowledge
A goodly word like a goodly tree, whose root is firmly fixed, and its branches (reach) to the heavens of its Lord...So Allah sets forth parables for men, in order that they may receive admonition. 14:24
vi
Table of Contents
Dedication .......................................................................................................................... ii Acknowledgment .............................................................................................................. v List of Figures.................................................................................................................. viii List of Abbreviations ........................................................................................................ ix ABSTRACT .......................................................................................................................... x The objectives of this study are: ...................................................................................... 2 Literature Review: ............................................................................................................. 3 Research methodology ..................................................................................................... 8 1 Chapter One: Historical Timeline of CEDAW Definition and Clarification .............. 9 1.1 1.2 2 History of CEDAW .............................................................................................................. 9 Discrimination Against Women According to CEDAW:................................... 13
Chapter Two: Status of Women along History ..................................................... 16 2.1 Status of Women in Islam and in the West .......................................................... 16
2.1.1 Womens Status and Rights Prior the Advent of Islam ............................... 16 2.2 The Enlightenment of Women at the Advent of Islam .................................... 20
vii
2.2.1 Womens Rights in Islam: ........................................................................................ 20 2.2.2 Role of Muslim Women at the Time of the Prophet (PBUH) and Succeeding His Death ............................................................................................................ 23 2.2.3 Women in the Quran and Sunnah ...................................................................... 28 2.3 3 Predicaments of Women in the West: .................................................................... 30
Chapter Three: CEDAW Advantages and an Analysis Opposing Islam .............. 38 3.1 3.2 Advantages of the Convention: ................................................................................. 38 An analytical Discussion on Some of the Articles that Oppose the Islamic
Religion ............................................................................................................................................ 39 4 Chapter Four: CEDAW Going Into Force ................................................................ 79 4.1 4.2 Results of Spreading This Convention.................................................................... 79 Muslims Accepting Western Conventions, Why? .............................................. 87
4.2.1 Loss of Identity............................................................................................................. 87 Conclusion: ....................................................................................................................... 90 5 Bibliography: ............................................................................................................. 93
viii
List of Figures
NUMBER FIGURE CAPTION Figure 1 The number of, and per capita cases, of recorded rape in several countries Figure 2 Estimated prevalence and annual incidence of Curable STIs by region Figure 3 The percentage of people in European countries who said in 2005 that they believe there is a God Figure 4 The Costs of a DNA Parentage Testing
PAGE 28
30
35
37
Figure 5
An illustration of the economical discrimination practiced against women in a number of countries
58
Figure 6
Crime Statistics in the United States
68
ix
List of Abbreviations
BBC CEDAW CSW FBI IOM UNIFEM WHO
British Broadcasting Cooperation Committee on the Elimination of Discrimination Against Women The Commission of Status of Women Federal Bureau of Investigation International Organization for Migration United Nations Development Fund for Women World Health Organization
CEDAW from an Islamic Perspective An Analytical Study of Some of the Articles of the Convention By Zeinab T. Asfour
Supervisor Dr. Mohammad Al-Majali, Prof. ABSTRACT
This study yearns for contributing to the studies that concern women and their rights, by shedding light on the history of CEDAW, analyzing, as well as studying parts of the convention from an academic perspective. This is all based on the fact that some of the articles of the convention conflict with the Islamic law, rules and tradition. It also aims at clarifying the misconceptions about some of the issues concerning the Muslim woman, through highlighting her status prior and post the advent of Islam, the honoring position it has granted her, and her significant role in society.
xi
The conclusion points out the excepted results if the Islamic world adheres to this convention, consequently going against the sharia, losing the Islamic identity, deviating from the nature of creation and become a westernized society in moral and principle.
Introduction
This study was conducted for the reason that the previous studies concerning women dealt with some of the topics and issues of which are all interrelated in this study, therefore, linking a lot of those subjects in one piece of work.
CEDAW, Convention on the Elimination of Discrimination Against Women, is a human rights convention for women adopted by the General Assembly of the United Nations, and a new emerging issue that is a result of previous conventions; hence the academic studies related to it are scarce. It also comes across as a contemporary subject that has not been yet discussed from an Islamic perspective nor referred to previously, except for a few articles, discussions and warning brushers. This study represents an awakening call to the entire Muslim nation and is unique, for it is presented and written in the English language. The importance of this study emanates from the fact that it endeavors to draw attention to the history of CEDAW and its aims. Then, it highlights the status of women prior and post Islam, their role and stature in society, in comparison to the Western women in the modern era, alongside their predicaments. Subsequently, it focuses on the most critical articles of this convention by displaying an academic approach of analysis, in order to show the reason of why
this treaty diverges from the religion of Islam, its doctrine and teachings, to reach a well comprehended concept of the Islamic treatment towards women.
Finally, listing the results if this convection and its intruding ideologies if adhered to by the Muslim states, for such a matter will lead to corrupt the foundations and the values of Islam. Adopting foreign ideologies that instill alien practices in the Muslim world is a threat to the religion of Islam and the society as a whole.
The objectives of this study are: 1. 2. 3. 4. Clarifying the misconceptions about some of the issues concerning Islam. Highlighting the status of Women in Islam. Contributing to the studies that concern women. Shedding light on some of the articles of the convention that clash with the
Islamic law, rules and tradition. 5. 6. Studying parts of the convention from an academic perspective. It endeavors to show the result of following such a convention in the Islamic
world, and the reason of why Muslims have reached this state.
Literature Review:
Previous Studies which are relevant to the subject matter: The Psychological Features of Women in the Quran:
This thesis discussed the psychological features of women mentioned in the Quran, from a thematic exegesis of the Quran, the study explains the Quranic texts which tackles women, and their indications regarding her nature and psychology. The thesis discusses the different roles of women in the society, starting with her original creation, characteristics and features as a female, her nature and psychology according to rulings mentioned in Islamic Jurisprudence, particularly those related to family, as a wife and a mother. The study maintains the compatibility of Islamic rulings with womens nature and psychology, a matter which declares the wisdom behind such rulings.1 The Status of Women between Islamic Sharia and International Declarations,
A Comparative Study: This thesis addressed some of the most important women issues, raised in the international conferences such as the general freedom of women, consolidation of women, and the inheritance of women. In discussing these issues, the thesis has
AlMuhasien,HendAmen(2008),PsychologicalfeaturesofwomanintheQuran,Jordan,Jordan University.
1
pointed out the preference of Islamic legislations in promoting and caring for women in all aspects of their lives. It also pointed out the need to deal with reality wisely and has shown that good alternatives are needed in facing the movement of Westernization. The protection of family from disassembly is a mandate on every Muslim. As whoever brings life to it resembles that of him who has brought life to the entire humanity, for family is the basis of the whole society.1 Muslim Women Education in light of the Prophetic Hadith:
This study aims to know about the conception of the Education of the Muslim Women datum in the Prophetic Traditions which are related to womens education. It also discussed the field of rights which contained: Life rights, breeding and benevolence, the right of freedom of choosing a husband, right of expenditure, kindness and leniency, and to show filial piety. The results of this study recommends the following: That Muslims must be committed to the Prophetic Traditions, the wife has the responsibility of the house, Islam gives the woman the right to education, and freedom of choosing her husband.2
AlHeet,RulaMahmoudHafith(2005),TheStatusofWomenBetweenIslamicShariaandInternational Declarations,AcomparativeStudy,Jordan,JordanUniversity. ATrad,JihanMohammadAmeen(2006),MuslimWomenEducationinlightofthePropheticHadith, Jordan,YarmoukUniversity.

2 1
Modification of some misapprehended concepts about Women, from an
This study aims at discussing some of the misapprehended concepts related to women from and Islamic perspective, through the following: displaying some of the misapprehended concepts concerning women, analyzing them as well as discussing them. Secondly, recognizing the reasons behind the spread misapprehended concepts concerning women. Later, it unraveled and amended the view point towards women and their issues, in accordance to the Islamic understanding. Finally, it presents realistic models from the female Islamic community, in order to clarify the positive image of women in Islam as well as signifying the correctness of it.1 Sources of Stress among Working Women and Its Psychological and
Physical Health effects: The objectives of this study are to assess the sources of stress among working women (nurses and teachers), and the relation between sources of stress and psychological and physical health. In addition this study aimed at identifying the risk factors of stress with respect to age, martial status, education level, work
AbuMelnim,MohammadHusniAhmad(2006),ModificationofSomeMisapprehendedConceptsAbout WomenfromanIslamicPerspective,Jordan,JordanUniversity.
1
Islamic Perspective:
duration, work field and economic level. This study revealed that there is a significant correlation between source of stress and both psychological and physical health of those who are considered to be working mothers.1 The Holy Quran's perspective of the Contemporary Movements for
Womens Liberation: The Objective of this Study is to highlight the status of women in pre-Islamic religions, i.e., Christian and Jewish, as well as Pre-Islamic Arabian women. It also focuses on the position of women from an Islamic perspective, and studies the western women liberation movements. Furthermore, it highlights the Quranic concept of liberation in apposition to western modern concepts.2 What distinguishes this research paper from previous ones is the following: The previous studies mentioned above deal with some of the topics and
issues that are all interrelated in this paper.
Saqer,FatimaMohammad(2001),SourcesofStressAmongWorkingWomenandItsPsychologicaland PhysicalHealtheffects,Irbid,Jordan,JordanUniversityofScienceandTechnology. Khasawnah,RandaFuad(2003),TheHolyQuran'sperspectiveoftheContemporaryMovementsfor WomensLiberation,Jordan,AlAlBaytUniversity.

2 1
Another point is that this is a contemporary subject that has not been yet
represents awareness to the entire Muslim community. CEDAW is an issue now coming to the surface and is the outcome of
previous conventions; hence the studies related to it are limited.
discussed nor referred to previously especially from an Islamic perspective. It
Research methodology
The qualitative approach included the collection of narrative data in order to gain insights into the state of women prior the arrival of Islam, womens rights in Islam, the convention of CEDAW. Later some of the CEDAW articles will be analyzed from an Islamic perspective and how women in the West are perceived and are the ones who are truly suffering. This study will undergo the following phases: Collecting information that is relevant to the subject matter. Put in writing the understood material as well as examining it. Analyzing the information. Formulating an idea. Reaching a conclusion and the aim of this research paper.
1 Chapter One: Historical Timeline of CEDAW Definition and

Clarification
1.1
History of CEDAW
The United Nations focused on the equality of human rights between men and women, from its initial stages. For listed in its Charter: To reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small1 . The UN also endeavourers to achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.2
CEDAW springs from one of the commissions of the United Nations, and stands for the Convention on Elimination of All Forms of Discrimination Against Women, a convention that has developed over a period of time and reached its present stage. CEDAW went into force by the approval of the United Nations, who makes
Hambro&Goodrich.(1949).CharteroftheUnitedNation(CommentaryandDocuments)revisededition (87).Boston:WorldPeaceFoundation.
2 1
IbidP96
10
sure that it is applied in all countries that have signed the convention by the continues follow up activities.
Womens rights were one of the main concerns of the United Nations. Therefore, the General Assembly of the United Nations took the initiative to call for the first convention concerning women and their advancement in the year 1945 in San Francisco. Out of the 160 signatures made that day, were those of four women. After this convention took place, a sub-commission for women was established under the wing of the United Nations Commission of Human Rights. The first chairperson of this Commission was the Danish Bodil Begtrup, whom urged the Commission of Human rights to grant the sub-commission their individual organization and to become a full commission, since equality between genders in their societies was a problematic issue. 1 The outcome was CSW, The Commission of Status of Women, which was established on 21st of June 1946, and was dedicated to gender equality along with the advancement of women. CSW drafted several conventions and declarations with the purpose of tackling issues that concerned women, and planned for the
Max,Haagerup,NielsJ.Sorenson(1956).DenmarkandtheUnitedNations(101).NewYork:Manhattan PublishingCompany
1
11
advancement of women in different fields of life, such as economic, political, civil, social and educational.1 Between the years 1949 and 1959, CSW, held several Conventions on women. The first was the convention of Political Rights of Women, adopted by the General Assembly on 20 December 1952, the Convention on the Nationality of Married Women, adopted by the Assembly on 29 January 1957, the Convention on Consent to Marriage, and finalizing with the Minimum Age for Marriage and Registration of Marriages adopted on 7 November 1962. 2 On the 5th of December 1963, the General Assembly adopted its resolution 1921 (XVIII), in which it requested the Economic and Social Council to call on the CSW to plan a draft declaration that would combine international standards and would express the equal rights of men and women. This process was implemented by women activists, within the United Nations system, as well as external assistance. Drafting of the declaration, by a committee selected from within the CSW, began in 1965.3 The Convention on the Elimination of All Forms of Discrimination Against
ECOSOCresolutionestablishingtheCommissiononStatusofWomen: http://www.un.org/womenwatch/daw/csw/.
2 1
http://www.un.org/womenwatch/daw/cedaw/history.htm http://www.un.org/womenwatch/daw/cedaw/history.htm
12
Women, was adopted by the General Assembly in 1979 by votes of 130 to none, and with 10 abstentions. On the 3rd of September 1981, it went into force; 30 days after the twentieth Member State had ratified it. During that time, the foundation of the United Nations Decade for Women World Conference took place. Five conferences were held concerning women. The first was in Mexico City in 1975, where 133 governments participated. The conference offered guidelines for a global plan and for the sake of the advancement of women. The Second World Conference on Women was held in 1980 in Copenhagen1, followed by the 1985-Nairobi-Third World Conference on Women and finally the 1995-Beijing-Fourth World Conference on Women.2 The program for the Decade of Women called for: Equality, Development and Peace. Finally, the 5th World Conference concerning women took place in New York in the year 2000.
Hence, this convention came to prevent the discrimination practiced against
women, to grant them their rights, and set equality between men and women where both can enjoy the rights they had been deprived and had been seeking for centuries.
Noami,L.B.(1984).UnitedNationsDecadeforWomenWorldConference(1).NewYork:TheHaworth Press.
2 1
http://www.un.org/womenwatch/daw/beijing/pdf/Beijing%20full%20report%20E.pdf
13
The aims of the CEDAW convention described by the committee are:
To integrate the equality of men and women in the legal system of their
state, and eliminate all laws that are considered discriminatory and implement those that forbid discrimination against women;
To instill the principle of equality amongst men and women in legal affairs,
abolish all laws that could have any sort of discrimination, and implement those that do not show any discrimination against women in any sort.
To create a committee as well as other public institutions in order to
guarantee the effective protection that might be practiced against women.
To guarantee the abolishment of all sorts of inequality against women, this
includes any person, organizations or enterprises.1 1.2
Discrimination Against Women According to CEDAW:
CEDAW was the outcome of all the above conferences. It endeavors to eliminate all forms of discriminations against women in the political, economic, social, cultural, civil or any other relating fields, of which according to the UN, emerged from the mere ground of being a different sex. The convention consists of a preamble and
http://www.un.org/womenwatch/daw/cedaw/
14
30 articles, which identify the reasons of why there is discrimination against women, and then sets the rules and regulations for abolishing them. First of all, CEDAW declares that "discrimination Against women, shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.1 Data shows that discriminatory practices exist in almost all parts of the world, and so many women are deprived of their rights. According to the UNIFEM2 , those rights include: the right to: equal inheritance; marriage on a basis of equality with men; travel abroad; obtain a passport; confer citizenship to children or a husband; initiate a divorce; own, acquire, manage, and retain property brought into marriage; participate in social, cultural, and community activities; and finally, the right to education.3
http://www.unhchr.ch/html/menu6/2/fs22.htm#substantive UnitedNationsDevelopmentFundforWomen http://www.unifem.org/progress/2008/justiceFS_panel1.html
15
In conclusion, CEDAW went through several stages amid discussions, implementation and so on, from as early as 1945; and resulted in the outcome of which is the convention we see today. Discrimination against women is from the mere ground of being a different sex, this results in being treated differently by various types of societies and in several fields of life. CEDAW aims at eradicating this fact.
16
Chapter Two: Status of Women along History

Status of Women in Islam and in the West
2.1
2.1.1 Womens Status and Rights Prior the Advent of Islam
Since the dawn of time, women around the world suffered from deprivation of their rights, the term Human Rights of Women did not exist. By looking back at the societies established in early history and the earliest written codes of law, i.e. Hammurabi Code, created in 1790 BC, in ancient Babylon1, one notices that some of the laws had so much discrimination against women. For example, women were treated like children and were not granted their complete rights. They were referred to as lesser human beings than men. They were literary bought from their fathers by the person who was marrying them, therefore, treated as a commodity.2 Moreover, if a man wished to separate from his wife who has given birth to his child, he would have to return her the amount of her
http://en.wikipedia.org/wiki/Code_of_Hammurabi
Edwards,C.(1921).HammurabiCodeandtheSinaiticLegislationwithaCompleteTranslationofthe GreatBabylonianInscriptionDiscoveredatSusa(29).London:Watts.
17
purchase money and the dowry which she brought along from her father's house, and let her free.1 The Hammurabi code also declares that if a woman was a Bad Wife she would be sent away, and the husband was able to keep their children. Another punishment for a bad wife would be for her husband to make her a slave in her own household. Yet, if a woman wanted to free herself from her husband she could only file a suite against him, a bad Husband did not exist, and punishment was only for a bad wife! Moreover, according to the Hammurabi Law, a man had the right to sell or lease a woman in order to pay his debt back.2 The timeline of the status of women then goes further on into the era of the Greeks, when women were a rank above slaves, and were the property of their husbands both by custom and by law. Aristotle, who was one of greatest thinkers and logicians in Greece, had unusual terms describing women as being the unfinished and incomplete man, women were mentally and physically weaker than man and he regarded women as inferior to men.3 According to Mustafa Al Sibai, women in the Greek societies were deprived from education and did not
IbidP29
AlNabulsi,MohammadRatib(2004).HumomAlMaraaAlMuslimah(33).(TheWorriesofMuslim Women).Syria:DarAlMaktabi.
3
Gaarder,Jostein(1996).Sophie'sWorld(116).PenguinGroupInc.BerkleyBooks:NewYork.
18
participate in the daily social life. They were under trodden to the extent of being labeled as the abomination of Satan's handwork.1 The nature of women, during Roman time, was marked as unsteadiness of character, weak, and ignorant in legal matters.2 Those are few examples on how some of Europes most exceptional empires had envisioned women. Moreover, the rights of women in Judaism and Christianity were bewildering (bear in mind that their Holy books were alerted). It was believed that perfection was only a characteristic of men. Women in both religions were considered the source of sin on earth; she was the one that made Adam eat the apple, hence descending from the high heavens onto planet Earth! She lived in humiliation, deprivation, disrespects and was believed to be something impure3. Some of the Jewish sects used to consider women as the same level of their servants. Fathers had the right to sell their daughters when they were still underage.4
AlSibai,Mustafa(1984).AlMaraaWaAlKanoon(13).(WomenintheCourseofLaw).Beirut:AlMaktab ALIslami. Hecker,E.A.(1970).Ashorthistoryofwomen'srightsfromthedaysofAugustustothepresenttime; withspecialreferencetoEnglandandtheUnitedStates(2).Westport:Greenwood. BinHumaid,SalehAbdullah(1994).ARefutationofSuspicionsaboutCurrentIssues(53).Jeddah:AL Manar. AlSibai,Mustafa(1984).AlMarafeAlQanun(19).(WomenintheCourseofLaw).Beirut:TheIslamic Office.

4 3 2 1
19
In Christianity, the Apostle Paul thought women to be inferior and were stained with the sin of Eve.1 In the early church, conferences were held on whether to consider her a human being or not, or if she even had a soul.2 In another part of the world, and in the land where the Prophet PBUH was sent, women suffered as well. The practice of infanticide was well known inPre-Islamic Arabia, by which female infants were buried alive by their parents for fear of poverty and disgrace among their society.3 The Holy Quran describes how pre-Islamic Arabian people whom would feel ashamed and disgraced on the birth a female child, When news is brought to one of them, of (the birth of) a female (child), his face darkens, and he is filled with inward grief! With shame does he hide himself from his people, because of the bad news he has had! Shall he retain it on (sufferance and) contempt, or bury it in the dust? Ah! what an evil (choice) they decide on? . (Al- Nahl: 58-59). According to the Al-Shawkanis Tafsir of the Holy Quran, when a man was told that his wife bore him a female child, his face would darken. This refers to the fact that he has been weighed down with sorrow and has broken down in misery. He tends to escape from the eyes of the people and hide in shame, for a girl was a stamp of disgrace. Confused whether to keep her alive and live in shame or bury
Ferm(edt),V.(1956).AnencyclopediaofReligion(829).London:PeterOwen. Khattab,H.(2007).BentRib(21).Riyadh,SaudiArabia:InternationalIslamicPublicationHouse. 'Leary,D.L.(2000).ArabiaBeforeMohammad(201202).London:Routledge
20
her in the ground.1 It is recorded in history that the status of a woman during that era was very degrading. She had no right to inherit or have a share in her father or husbands property;2 on the contrary, she was part of the inheritance, for it was believed that she was not capable of handling her financial possessions. Whether in Greece, Rome, India or China, Judaism, Christianity, or Confucianism, women were considered to be the devil, or the source of sin, a being without a soul, and even if she had a soul it was not obvious whether it was actually human or of an animal nature.3
2.2
The Enlightenment of Women at the Advent of Islam
2.2.1 Womens Rights in Islam:
In the history of this world, Islam was the only religion to grant women their rights, giving them dignity, establishing a proper social system and abolishing any sort of discrimination against women based on sex. This is evidently declared in the Holy Quran by Allah the Almighty, as well as in the narrations and actions of the
AlShwkani,MuhammadBinAli(1999).TafsirFatehAlQadeer.Riyadh:MaktabatAlRashid. Rahim,A.(1960).AshortHistoryofIslam(8).Dacca,Pakistan:AhmedPublicationHouse
AlMajali,Mohammad(2008).IslamicCultureandThought(161).Amman:JamiatAlMuhafathaAlaAl Quran.
21
Prophet(PBUH). More than fourteen hundred years ago, Islam gave women their rights, during the same time conferences were being held on whether to consider her a human or not! Montgomery Watt described the Prophet Muhammad (PUBYH) as: Muhammad improved things quite a lot. By instituting rights of property ownership, inheritance, education and divorce, he gave women certain basic safeguards. Set in such historical context the Prophet can be seen as a figure who testified on behalf of womens rights.1 By applying the rules in the Holy Quran and the narrations of the Prophet (PBUH), many degrading and disrespectful actions towards women, and their status were abolished. For example, the practice of infanticide, during the age of ignorance prior the advent of Islam, was prohibited. When the female (infant), buried alive, is questioned - For what crime she was killed. (Al Takwir 81: 8-9). In Tafsir Ibn Katheer, the explanation of this verse is that the young female will be questioned on doomsday on why she was buried alive. This is an evident that Allah the Almighty, on doomsday, will give back the rights of those whom were deprived and whom were victimized in this world.2
Watt,W.M.(2000).ThewholehouseofIslam,andweChristianswiththem.(B.M.McIntosh, Interviewer).TheCoracle,theIonaCommunity.pp.811
2 1
IbnKatheer(2000).TafsirIbnKather.Beirut:MoasastAlRisalah.
22
Another example on the change of the status of women was the dowry. Prior Islam it was regard as the price of a wife paid to her father, but it later became a gift for her and a part of her property. Moreover, marriage was no longer a purchase act, rather it became a contract were the woman had the right to approve of it or not. A woman in Islam even has rights after she is separated from her husband by divorce. For divorced women Maintenance (should be provided) on a reasonable (scale). This is a duty on the righteous (Al Baqarah 2:241). This maintenance is defined as the funds given by the male divorcee to his wife, after divorce takes place, whether it is money, clothes or anything else.1 Islam envisioned divorce as a source of harm caused upon women that of which cannot be amended, thus it tries to compensate as much as possible.2 Finally, Islam honored women, for after its arrival; Women were also requested to dress modestly, a trait that gave them dignity. For when comparing women of previous ages and prior the advent of Islam to Muslim women, one can see how they were disgraced and had no honor. During the Greek ages the state of undress was a symbol of art, and the houses of immorality and prostitution became places of worship. The Roman Empire was no less, its theaters and art was full of
Shalabi,Mohmmad(1977).AhkamAlU'srahfealIslam(388).(FamilyRulesinIslam).Beirut:DarAl NahdahAlArabiyah.
2 1
Thiyab,AliSubhi(1992).MotatAlTalaq(15).(DivorceMaintenance).Amman:DarAlYanbee.
23
profligacy and obscenity.1 As for our time, it is enough for a person to look around and see how women are dressed nowadays, it is unnecessary to explain and mention how degrading the dress code of women has become.
2.2.2 Role of Muslim Women at the Time of the Prophet (PBUH) and Succeeding His Death
In Islam, Women were recognized as a crucial part of society, whether as a mother, a daughter, a wife or even a grandmother. She was granted her rights and was advised about her duties. Islam concentrated on both the mental and physical rights of men and women, which spring from biological, psychological and social grounds, and not emotional or human fulfillment of desires, for the source of those rights is merely divine. Men and women are equal in worship before Allah; He the Almighty addressed them both in the Holy Quran sometimes as one, and sometimes in pairs. They are equal in worship as well as in reward. If any do deeds of righteousness,- be they male or female - and have faith, they will enter Heaven, and not the least injustice
AlAmele,Ali(1988).NimatAlHijabBelIslam(12).(TheBlessingofHijabinIslam).Beirut:AlDarAl Islamiyah.
1
24
will be done to them. (Al Nisa 4: 124). The Prophet (PBUH) also said that Women and men are but from one source.1 The first convert to Islam was a woman, Sayeda Khadijah, may Allah be pleased with her; the Prophets first wife, supported him at his weakest moments, assured him that he was the messenger of Allah, and put all her faith and belief in him. Likewise, and after the spread of Islam, the first martyr in Islam was again a female; mother of Amaar ibn Yaasir, Sumaya. She was the seventh person to enter Islam and was tortured by Abu Jahl who stabbed her to death for refusing to forgo her religious convictions. Many footprints were left behind by great Islamic women since the time of the Prophet (PBUH), whom played a great role in spreading the religion of Islam. Answering the questions of the companions, witnessing the treaties, accompanying the Prophet (PBUH) in Hijrah to Medina, and enjoining the good and forbidding the bad, were all but proof of their high status in Islam. During the age of the Prophet (PBUH), women had asked Him for their share in education, they went to meetings in the mosque, participated in invasions, left their tribe and families for the sake of religion with no fear, they had the right to choose their husbands, held to the right to be separated from their husbands, and had
NarratedbyAbuDawoud.HadithNo.236
25
discussions with the Prophet (PBUH), in several matters as well as with his companions.1
One of the greatest women was Al Khansa, whom was renowned for her poetry and love of Islam. She and her four sons fought in the Battle of Qadisiyah, where all four were killed. When she received the news, she didn't grieve, but said, "Praise be to Allah who honored me with their martyrdom. I pray for Allah to let me join them in heaven. Even at the time when the Prophet (PBUH) was standing on his last legs advising Muslims in his farewell sermon (Khotbat al wada), there was little time, yet he stressed on the treatment of women and advised men to be respectful towards them. O People, it is true that you have certain rights with regard to your women, but they also have rights over you. Remember that you have taken them as your wives only under Allah's trust and with His permission. If they abide by your right then to them belongs the right to be fed and clothed in kindness. Do treat your women well and be kind to them for they are your partners and committed helpers.2
AbuShaqa,AbdulHaleemMuhammad(2002).TahreerAlMar'afeAsirAlRisalah(2122)(Freedomof WomenDuringtheAdventofIslam).Kuwait:DarAlKalamleNashirWaAlTawzee.
2 1
http://sirah.alislam.com/display.asp?f=rwd4227.htm
26
Hence, the Prophet (PBUH) advised and ordered Muslim men to cherish their wives for they have been entrust with them, and commanded by Allah the Almighty to take good care of them and fulfill their rights. Post the death of the Prophet (PBUH), his wives became a great source of authentic Hadith and knowledge. The names of Hafsa, Umm Habiba, Maymuna, Umm Salama, and Ayesha (May Allah be pleased with them all), are well-known to every student studying Hadith, and of being among its earliest and most eminent transmitters. Ayesha, May Allah be pleased with her, is considered to be one of the most important figures in the whole history of Hadith literature - not only as one of the earliest reporters of the greatest number of Hadith, but also as one of their most cautious interpreters. She provided the Muslim nation with guidance. In the book Tathkerat Al Hufath by ADahbe, it is narrated that one of her pupils was Urwah Bin Az-Zubayr, who once said: I did not see a greater scholar than Ayesha, in the learning of the Quran, obligatory duties, lawful and unlawful matters, poetry and literature, Arab History and genealogy, He himself (may Allah be pleased with him), was a great scholar.1 Another of the many examples is Saffiyeah, Wife of the
Doi,A.R.(1989).WomeninShari'ah(140).London:TaHaPublications.
27
Prophet (PBUH), whom is described by Imam Al Nawawi as:She was the most intellectual among the learned women.1 As late as the 11th century C.E (6th century A.H)2, women still had a role in spreading Islam. An example is Fatimah Bint Sad al-Khayr Al-Ansari al-Andalusi, who was born in china in 522 A.H, and whose father was a searcher for knowledge. He traveled from China to Spain, and was considered one of the Muhaddithoon. She started her career in teaching in Damascus and Cairo, one of her students was Sheikh Al Munthiri Al-Hafith Aldakhem. She passed away in 600 A.H in Cairo.3 They were active in religion as in politics, as courageous in war as in peaceful and persuasive propagation of the teaching of Islam. Those noble selfless women could be found in the battlefieldsthey were found in the political arena, in the field of education, in the courts of Islamic jurisprudence, in the interpretation of Sharia, in trade and in commerce, in agriculture, in medicine and in nursing. In short, there was no sphere that did not benefit from their intellect, their wisdom and their gentle yet firm strength of character.4
AlMawardi,AbuALHassan(1909).AlAhkamAlSultania(22).Cairo:MatbaatAlSaada.
TheHijraorwithdrawal,istheemigrationofMuhammad(PBUH)andhisfollowerstothecityofMedina in622,andmarksthestartoftheHijriyearoftheIslamiccalendar.ThecurrentIslamicYearis1431AH. Ghazali,Mohammad(1991).TorathonaAlFikreFeMizanAlSharewaAlAkel.(163).(Intellectual Tradition).US:AlMa'hadAlIlmiLilFkerAlIslami.

4 3
Ghadanfar,M.A.(2001).GreatWomeninIslam(11).Riyadh,SaudiArabia:Darussalam.
28
2.2.3 Women in the Quran and Sunnah
The religion of Islam took such good care and consideration towards women, for it considered them to be the main element of society, for she was the daughter, then a wife then a mother who nurtured one generation after another. The Holy Quran mentions women and their issues in more than ten chapters, two of which are directly connected to women, one under the name A- Nisa, which means women, and the other Al-Talaq, which means divorce. Other examples are Al-Baqarah (the Cow), and Al-Maida (the Feast). The Holy Quran refers to women as a mother, and shows how important it is for her children to respect her, and considers disobeying her as one of the greatest sins al Kabair. It even ordered Muslims to continue visiting their parents even if they were non-believers. Thy Lord hath decreed that ye worship none but Him, and that ye be kind to parents. Whether one or both of them attain old age in thy life, say not to them a word of contempt, nor repel them, but address them in terms of honor, and, out of kindness, lower to them the wing of humility, and say: "My Lord! Bestow on them thy Mercy even as they cherished me in childhood. (Al Isra 17:23-24). It also emphasizes on the fact that the mother goes through so much hardship during her pregnancy as well as breastfeeding, sleepless nights and through the
29
years of bringing up those children. And We have enjoined on man (to be good) to his parents: in travail upon travail did his mother bear him, and in years twain was his weaning: (hear the command), "Show gratitude to Me and to thy parents: to Me is (thy final) Goal. (Luqman 31:14). Allah the Almighty honored women with the mission of being the foundation of society and the main part of constructing a family. The perfection of a woman emanates from the fact that she has been assigned with the difficult task of bringing up a future generation, that of which a man cannot do due to the nature of his creation. That task includes conceiving, breastfeeding, nurturing, up bringing and educating a whole society, as well as encompassing all the noble emotions which binds a family together, and spreads harmony amongst its members, resulting in the unity of the whole society.1 A man came and asked the Prophet (PBUH): who has the right to my company? He replied: your mother. He asked again: then whom? The Prophet (PBUH) said once again: Your mother. He asked again: Then whom? And again He said: Your mother. Finally he asked: then whom? The Prophet (PBUH) replied: then your father.2
AlSahmarani,Asad(1997).AlMar'aFeAltareekhwaAlShari'a(124)(WomeninHistoryandShari a).Beirut:DarAlNafais.
2 1
NarratedbyAlBukhari,Acc.No.5971
30
Islam also honored women as a neighbor, daughter and a sister. Who is a better example than the Prophet (PBUH), a father of four girls. He treated them well, a kind, loving, caring and just father. Ibn Qutadah Al Ansari narrated that the Prophet (PBUH) was praying one day and was leading his companions in prayer whilst carrying Umaamah bint Zaynab (May Allah be pleased with her). When he would go down in prostration, he would put her down next to him, and then carry her once again when he would rise.1 The Prophet (PBUH) once said: He whom ever has two daughters, and shows them kindness and is of nice company to them, then Allah the Almighty shall grant him heaven. 2 Finally, Islam honored women as a wife. In the Holy Quran she is described as a part of man, both created from the same source and soul. And among His Signs is that He created for you mates from among yourselves, that ye may dwell in tranquility with them, and He has put love and mercy between your (hearts): verily in that are Signs for those who reflect. (Al Rum 30:21). 2.3
Predicaments of Women in the West:
NarratedbyAlBukhari,Acc.No.5996 NarrtedbyImamAhmadbinHanbal.Hadithno.2104
31
Looking at the civilized West, one is led to believe that women have reached the utmost level of freedom and fulfillment of their rights. Taking a closer look, it proves to be otherwise. The reason why women were in need of conferences, conventions and committees defending their rights was due to the fact that their rights were unfulfilled. But after all this struggle and quest, have women in the West reached their goal? That is why it is quite important to show how the Actual Muslim women lived at the time of the Prophet (PBUH) and post his death, and how women of the so called, civilized, free, and womens rights advocator Western community live today. Following is an analysis of the main predicaments and suffering of women in the West and in non-Islamic Societies which mainly become under the exploitation of women: 1) Prostitution: The United Nations Office on Drugs and Crime declared that most victims of this modern-day slavery are women and young girls, many of whom are forced into prostitution. Prostitution is considered to be legal and regulated it several countries such as: Albania, Armenia, Austria, Belarus, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Malta, Netherlands , Norway, Poland, Portugal, Romania, Russia, Spain, Sweden , Switzerland, United Kingdom, Peru, Ecuador,
32
Venezuela, Colombia, Panama, some Australian states, New Zealand, some rural counties in the US state of Nevada, and Mexico (only in some cities in "toleration zones").1 It usually encompasses victims recruited from marginalized, weak, and deprived female societies. Those victims are exploited in order to fulfill ones sexual desires for a small amount of money. According to the International Organization of Migration, and in a 2003 survey of 185 clients, more than three quarters of them expressed a preference for prostitutes aged 25 or under, 22% preferred those aged 18 or below.2 Moreover, according to a BBC business report, many of the prostitute clients openly admitted to a preference for young persons because they are more obedient.3 Not only are women exploited, but also young girls, in societies were ethics, morality, principles, and religion have died away, along with the hearts and feelings of those misfortunate women and young girls. Islam, in this case, solved this problem from two angles. First, that of the client when it allowed polygamy, as well as advising young people to get married at a young age. In both cases, not deviating and falling into illegal as well irreligious acts. As for prostitutes, women
http://en.wikipedia.org/wiki/Legality_of_prostitution#Prostitution_legal_and_regulated
TheInternationalOrganizationofMigration:Isanintergovernmentalorganizationestablishedin1951, andiscommittedtotheprinciplethathumaneandorderlymigrationbenefitsmigrantsandsociety.IOM istheleadingintergovernmentalorganizationinthefieldofmigrationandworkscloselywith governmental,intergovernmentalandnongovernmentalpartners.

3
http://news.bbc.co.uk/2/hi/business/4532617.stm
33
seem to fall into the trap of either economic necessitates, poverty or emotional need. Some prostitutes explanation for becoming involved in prostitution include: having a history of sexual abuse, having grown up without love from the significant adults in their lives, and needing money.1 Islam has a full, well built structure for the ideal family that deals with all these predicaments. Women must not fend for themselves. Any male relative in their family must do so for them, whether her father, brother or husband. She must not be humiliated or lose her honor for the sake of money.
2) Rape is another significant problem facing the West. For instance, taking the current worlds greatest power, the United States, as an example, the statistics are horrifying. According to the Federal Bureau of Investigation (FBI), a rape is reported about once every five minutes. Another statistical fact stated by an American Rape study conducted by the National Victim Center in the United States, back in 1992, concluded that 60% of the women who reported being raped were less than 18 years old: 29.3% were less than 11 years old 32.3% were between 11 and 17
Scambler,A.(1997).RethinkingProstitution:PurchasingSexinthe1990s(7).London:Routledge.
34
22.2% were between 18 and 24 7.1% were between 25 and 29 6.1% were older than 29 3.0% age was not available1 Following is a table showing a list that indicates the number of, and per capita cases of recorded rape on an international basis. It does not include cases of rape which are not recorded. It is obvious that the rate of rape in countries in the West, i.e. Europe and the United States happen to be much higher than that of the Muslim countries mentioned.
http://www.vpul.upenn.edu/ohe/library/violence/statistics.htm
35
Figure1:Thislistindicatesthenumberof,andpercapitacasesofrecordedrapeinseveralcountries.
1
Country
2001 Count
2002 Count
2001 Rate / 100,000 1.63 0.51 77.36 9.58 21.64 0.22 23.43 3.49 17.95 31.85
2002 Rate / 100,000 1.43 0.48 77.64 10.44 26.88 0.27 24.47 3.13 22.62 32.99
Albania Azerbaijan Canada Germany New Zealand Saudi Arabia Sweden Tunisia
51 41 24,044 7,891 840 47 2,084 338
45 39 24,350 8,615 1,059 59 2,184 306 13,395 95,136
United Kingdom 10,601 USA 90,863
UnitedNationsOfficeonDrugsandCrime,DivisionforPolicyAnalysisandPublicAffairs20012002
36
3)
Another dilemma of women in the West is that prostitution, rape and
Transmitted Infections (STIs). According to the World Health Organization (WHO), the STI diseases are a major global cause of acute illness, infertility, long term disability and death, with severe medical and psychological consequences for millions. WHO estimated that 340 million new cases of syphilis, gonorrhoea, chlamydia and trichomoniasis, which are STIs, have occurred throughout the world ages ranging between 15-49 years.
Figure2:Estimatedprevalenceandannualincidenceof CurableSTIsbyregion
violence committed against women all leads to what is called: Sexually
37
that of which the liberations of the West are calling for, the suffering of women is becoming more. For example, the psychological health of women differed sharply post the 1950s, a time that coincided with the so called liberation movements of women and equal status. A report by B P Dohrenwend in the American Journal of Sociology, illustrates that in the United States and prior the year 1950, for every 7 men who were mentally ill, there were 2 women with the same diagnoses. But after the 1950s, the ratio changed to 22 women for every 2 women.1 It is quite obvious that women are under much more pressure preceding the equal rights movements, the feminist movements and the alike, since women have to cope and handle the fact that many of them have become the woman and the man of the house. Hence, equality has reached the definition of women resembling men! This has led to loss of identity, morals, values, ethics and deviation from the natural being, and the essence of creation, with no actual beneficial party except satin.
Patel,IsmailAdam(1997).IslamtheChoiceofThinkingWomen(26).London:TaHaPublisherLtd.
The health of women is deteriorating and instead of rising and having a better life
38
3
3.1
Chapter Three: CEDAW Advantages and an Analysis

Advantages of the Convention:
It is only fair to say that some articles of the convention where in favor of many women around the Globe and that the convention was like an answer to the cry of despair of those in need. For example, article 5 (a) from the convention which calls for ending any discriminatory acts referred to as traditional, as well as any other related behaviors that are based on being the weaker sex or the superiority of one sex over the other. To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women.1 Article 6 as well is in support of women that are forced to work illegally in trafficking and prostitution for their survival. States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.2
http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm Ibid
Opposing Islam
39
Moreover, articles 10 and 11, call for equal rights in education as well as in the field of employment, where men and women must be paid equally for the same amount of work done. As previously mentioned in chapter two, Islam gave women their full rights in all fields of life. Seeing her as a human-being, on the social basis and observing her as a part of a family, and giving her financial as well as legal rights. Men and women in Islam represent two components of one source. They have equal rights and obligations in all fields of life in terms of having duties as well as having rights. They are simply not identical but complement each other. They differ in the tasks and duties they perform, those of which are determined because of the different physical composition of each, they should not simply compete but complement each other in the social structure. What makes this convention so controversial in the Islamic World, is that it has been inscribed by the westerners and has western values and morals. The United Nations committee did not pay attention to the differences of civilizations and cultures that were to implement CEDAW in its full force.
3.2
An analytical Discussion on Some of the Articles that Oppose the Islamic
Religion
40
The convention is composed of 30 articles, of which 16 address women and their rights. The remaining 14 articles are concerned with the committee on the Elimination of Discrimination Against Women, national reports, rules of procedure, committee meetings and reports, role of specialized agencies, effect on other treaties, commitment of States Parties, and administration of the Convention. The analysis of those articles will be based on Islamic fundamentals. Initiating with the Quran and Sunnah, then referring to the necessities of Islamic Sharia, which are the preservation of religion, human soul, mind, lineage, and wealth. However, this study will handle three of those necessities which relate to the CEDAW convention, which are religion, the human soul and linage. Those necessities ensure the reproduction of individuals and the welfare of this life and the hereafter. Furthermore, if those necessities are not fulfilled and were eliminated from the life of humanity, this shall lead to its misery in this life and the next. It will result in disappearance of religion, corruption of their bodies and health, and the destruction of it linage.1 The Sharia protects these necessities in two ways, by ensuring their establishment and then by preserving them.
AlBadawi,YusufAhmadMuhammad(2000).TheNecessitiesofShariaAccordingtoIbnTaymyah(445). Jordan:DaralNfaisLeAnsshirwaTawzee.
1
41
To guarantee the establishment of religion, Allah the Almighty made belief
concerning to the obligation of learning and spreading the religion were legislated. To guarantee the preservation of the human soul, Allah the Almighty
legislated marriage, healthy eating and living, and forbid killing by laying down a sentence for such an act as well as any action that causes harm to the human soul. Marriage was legislated for the preservation of lineage, and sex outside
marriage was forbidden. Punitive laws were put in placed in order to ensure the preservation of lineage and the continuation of human life.1
First of all, Religion is preserved through the complete belief in the Lord you worship, following his commands, avoiding what has been prohibited in his uncorrupted Holy books, whether Muslim or not. CEDAW has no mention about religion or tradition, hence the first necessity deems neglected and unconcerned for. So many people are already losing their religion in the West, if the Muslim world adheres to CEDAW, then it is heading in that direction.
http://www.bbc.co.uk/religion/religions/islam/beliefs/sharia_2.shtml
and worship obligatory upon every Muslim. To ensure its preservation, the rulings
42
The following is just an example of the number of people in Europe who are atheists and do not believe in God. The highlighted areas show the percentage of people who are atheists, differing in intensity.
Figure3:ThepercentageofpeopleinEuropeancountrieswhosaidin2005thattheybelievethereisa God1
According to the most recent relevant Eurostat Eurobarometer poll, in 2005, 52% of European Union citizens responded that "they believe there is a God", whereas 27% answered that "they believe there is some sort of spirit or life force" and 18% that "they do not believe there is a spirit, God, nor life force".2
http://en.wikipedia.org/wiki/Demographics_of_atheism Ibid
43
The second necessity is the preservation of the human soul. CEDAW allows what has been prohibited in the religion of Islam, and that is the same sex marriage and abortion. The first act comes beneath one of the articles of CEDAW that encourages the elimination of the Traditional Family. How then will the reproduction of humanity take place? The second act is apparent in the fact that CEDAW doesnt announce any punishment towards women who practice abortion for the sake of family planning or merely killing an infant. In his book, The Long March, author Roger Kimball observed that: In the 1960s sexual liberation suddenly became an everyday fact of middle-class life. This was due partly to the perfection of the birth control pill and other reliable forms of contraception. What had been a fringe phenomenon became an established fashion; by the late Sixties, it had become a social norm.1 Finally, the preservation of the lineage. CEDAW allows relationships between male and female outside the boundaries of marriage, including the permission of sexual intercourse. Islam prohibits such relationships outside the boundaries of marriage for several reasons. For such acts lead to blood mixing, deviation from the essence of creation, descending to lesser levels than humans, preventing spread of disease and forbidding the spread of chaos, How then will teenage girls prove that her
Kimball,Roger(2000)TheLongMarch:HowtheCulturalRevolutionofthe1960sChangedAmerica(147). SanFrancisco:EncounterBooks.
1
44
male partner is the father of her child, except after applying for a parental testing, and by using a sophisticated test such as DNA. An act that is degrading, exposing oneself, and that deems costly, for conducting such a test is expensive, and she will need to take her partner to court. Following is an example of a table taken from the Marshall University, in the United States which is a public research university in Huntington, West Virginia. Listed are the prices for DNA analysis for parentage testing:
Figure4:CostofDNAParentageTesting1
Mother,Child,AllegedFather AllegedParent,Child EachAdditionalChild/AllegedParent IndividualDNAProfile
$550 $550 $175 $200
IndividualDNAProfilewithFrameableCertificate $230 ForensicPaternityCase ExpertWitnessTestimony $750 $1200+expnesses
CEDAW gives women full control over their bodies, to the extent of allowing them to commit adultery, hence, affecting the preservation of linage. In his book, The Necessities of Shari a, al Badawi explains how Ibn Taymiyyah lists points on how to
http://forensics.marshall.edu/MUFSC/PDFsPubs/InfoParentage.pdf
45
preserve the linage, one of which is prohibiting the mixing between males and females, as well as paying attention to the upbringing of ones children even till they become adults. Those two acts have been encouraged by CEDAW, that of which is coeducation and giving freedom to the unquestioned free-will youth.1 Hence, those articles are: Article Number One Article Number Two sections a and f Article Number Five sections a and b Article Number Six Article Number eight Article Number Ten sections a and c Article Number Thirteen sections a and c Article Number Fifteen Article Number Sixteen sections a, c, and g. Those 7 articles and their sections, are analyzed with what is controversial and in disagreement to the Islamic religion, whether the Holy Quran, the Hadith, the fundamentals of Islam, the Islamic necessities, sharia and law, or have rights that
AlBadawi,YusufMohammad(2000).MaqasidAlShari'aIndIbnTaymieh((476)(TheNecessitiesofShari aAccordingtoIbnTaymieh).Jordan:DarAlNafais.
1
46
have already been granted to women more than 1400 years ago, prior any convention. Article 1:
For the purposes of the present Convention, the term "discrimination against women" shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.
Firstly, Islam does not discriminate between genders. Male and females acts of worship are similar, have shared responsibilities, and the effort put in is equal. Allah created genders, male and female, for a reason, not haphazardly, i.e. each is committed to certain duties in life and assigned with different responsibilities. For if this was not a fact, then the Creator would have had only made one gender. In the Holy Quran, Allah says: And in no wise covet those things in which Allah Has bestowed His gifts more freely on some of you than on others: To men is allotted what they earn, and to women what they earn: But ask Allah of His bounty (Al Nisa 4:32). A man does not wish to be a woman, and a woman does not wish to be a
47
man. Allah the Almighty created genders in all living things, whether human beings, animals or plants, all for a purpose.1 Allah the Almighty bans human beings to desire and wish for what others have, for this means objection as well as being ungrateful on Allah the Almightys distribution of wealth. It all comes under his will, wise judgment and prudence.2 Islam respects and honors women, this is clearly evident in the fact that women are granted permission not to perform certain religious duties such as fasting, because it takes into consideration her delicateness and physical creation. It even prohibits divorce to take place during womens menstrual period. Moreover, Islam looks at this matter from a different angle. It requested men to look after her during those situations and support her. The Prophet PBUH used to drink from the same glass and the exact same place where Sayeda Ayesha may Allah be pleased with her and by doing so he made her feel loved, for women tend to feel weak during their menstruation. On the contrary, the west is not concerned with this privacy, nor with the physical and emotional weakness that the women undergo. The Prophet (PBUH) used to be so gentle and kind to his wives during their menstruation. Ayesha (May Allah be pleased with her) narrated that: "The Prophet (PBUH) used to
AlShrawi,MuhammadMitwali(2000).MakantAlMaraFeAlIslam(11).(ThepositionofWomanin Islam).Editedby:AhmadAlZuobi.Beirut:DaralKalam.
2 1
AlShwkani(1999).TafsirFatehAlQadeer.Riyadh:MaktabatAlRashid.
48
handle me a vessel from which I used to drink during my menstruation. Then the Prophet (PBUH) used to take the same vessel and put his mouth where I put mine, then drink.1 Hence, Islam was the only religion that differentiated between men and women for their favor and the wellbeing of both, as it paid significant attention to the physical, biological, social, spiritual and mental differences and roles. And of every thing We have created pairs: That ye may receive instruction (Al Thariyat 51:49). Allah the created a pair of every single thing, each a partner of another, and that is why Allah said pairs. Each having its own characteristic not found in its other pair, such as the fire, only capable of heating and is unable of cooling. The ice on the other hand is created for freezing, and is not capable of heating.2 The phrase irrespective of their marital status arouses another point. In Islam, when women get married, their husbands have the right to have control over them, and that is not for the mere reason of being a male or for superiority, on the contrary it is for the sake of the protection of women. In the Holy Quran, Allah the Almighty says: Men are the protectors and maintainers of women, because Allah has given one more (strength) than the other,
NarratedbyAlNisai.HadithNo.366
AlTabari,AbuJafar(1911).TafsirAlTabari:JameAlBayanfeTafsirAlQuran.Cairo:AlMAtbaaAl Maymanyah.
49
and because they support them from their means. Therefore the righteous women are devoutly obedient, and guard in (the husband's) absence what Allah would have them guard (Al Nisa 4:34). According to Ibn Al-Araby, Qawamah means: A husband is a guardian over his wife, he is responsible for her and for her wellbeing, and she must be obedient.1 Every institution on earth has a president and a head chief, the person in charge of making final decisions the comply with the Islamic sharia. The same applies to the institution of marriage.2 The husband and wife are like a president and a vicepresident, respectively; they complement each other, establish a family together and raise their children together. When dispute arouses, and then just like any other institution, discussion and negotiations take place, the vice-president tries to prove his point, but the last word is that of which goes in accordance with the religion of Islam. Hence, the outcome is a shared decision. Hence this presidency comes under the term, Qawamah in Islam and connotes that men are the protectors and providers of women who have been created for the purpose of motherhood. And that is so for men must free women from the burden of having to earn a living, thereby facilitating her devotion of time, energy, and intellect to
IbnAlAraby,AbuBaker.AhkamAlQuran(415).(TheLawsoftheQuran).Beirut:DarAlFiker.
AlQaseer,FidaAbdulRazzak(1999).AlMaraAlMuslimaBaynaAlShariaAlIslamiyahwaalAdaleelAl Garbiyah(82).(MuslimWomenBetweenIslamicShariaandtheMisleadingWest).Beirut:MoasasatAL Ryyan.
50
the sound raising of healthy, intelligent, and committed Muslim children.1 Thus, Islam gave man authority over woman for her own protection and wellbeing. Women undergo certain physical and emotional changes, which men do not undergo, and are unaffected with. Freeing women from the responsibilities of fending for a family is but a blessing and respiration.2 It is of great importance to mention here that women are equally qualified and allowed to engage in financial dealings and property ownership. According to Islamic law women can own, buy, sell and undertake any financial transaction without the need for guardianship, and without any restrictions or limitations - a situation unheard of in many societies until modern times. Thus, men and women have equal economic rights. Article 2:
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: a. To embody the principle of the equality of men and women in their national
constitutions or other appropriate legislation if not yet incorporated therein and to
Wadud,Amina(1999).QuranandWomen(P73).NewYork:OxfordUniversityPress.
AbdAllah,HassanSalahAlSghayar(2004),AlJawanebAlFiqhiyaLilQiwamahAlZawjiyah.(12).(The FiqiahApproachtowardstheHusbandsQiwamah).Alexandria:DarAlJamiaAlJadida.
51
ensure, through law and other appropriate means, the practical realization of this principle. Spontaneously, any country that signs the convention is subject to this article, thereupon, the law, constitution and jurisprudence must correspond to the convention. The word embody connotes that the state member will have to mold its laws and constitution to what complies with the convention. For example, in Islam as well as in the Jordanian Law of Personal Status does not allow marriage to take place unless there are two witnesses, either two men, or, two women and a man. In Islam, one male witness is equal to two female witnesses, on an occasion when being requested by the law to prove that someone is innocent or guilty, or during a testimony and so on. This, according to CEDAW, might be considered as a sort of discrimination. But to clarify this misconception, there are several given reasons for this. First, women tend to forget more than men since they are busy with their daily life, the household, their children and looking after a family. Hence, they have a tendency to be preoccupied with such matters, and sometimes forgetful, disinterested with things that do not matter, and confused when asked to witness.
52
Secondly, women tend to be more emotional than men, and this is the nature of their creation, when their judgment is based on their emotions not on rationality. It is all just a matter of how each are created to suite their role in life. Moreover, in Islam, it is forbidden for a man to marry a woman that is not from the People of the Book, who are In Islam, the non-Muslim peoples who, according to the Qur'an, received scriptures which were revealed to them by God before the time of Muhammad, most notably Christians and Jews.1 Allah the Almighty says in the Holy Quran: This day are (all) things good and pure made lawful unto you. The food of the People of the Book is lawful unto you and yours is lawful unto them. (Lawful unto you in marriage) are (not only) chaste women who are believers, but chaste women among the People of the Book, revealed before your time,- when ye give them their due dowers, and desire chastity, not lewdness. (Al Maida 5:5). Such a decree, sprouts from the Islamic law of Sharia and is applied in the Jordanian Law of Personal Status.2 According to CEDAW, this is unheard of, and Jordan is one of the countries that will be obliged to rewrite its laws in the Jordanian Law of Personal Status in order to abide by the CEDAW convention. This was spoken out loud in the United Concluding Comments of the Committee on the Elimination of
Esposito,JohnL(2002).WhatEveryoneNeedstoKnowaboutIslam(7576).US:OxfordUniversityPress. AlGhazali,AbuHamid,(1984).KitabAlNikah(43).(TheBookofMarriage).Cairo:MaktabatAlQuran.
53
Discrimination Against Women: Jordan, 10 August 2007. The Committee is concerned about the State partys assertion that it cannot, for political reasons, amend its nationality law to allow, for religious reasons, amend provisions of its Personal Status Act to give women equal rights with men in matters of marriage, divorce and custody of children.1
This also applies to article 2 (f): (f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women; This is a clear cut that the convention endeavourers to change the rules, regulations and law of a country, those of which spring from religion and tradition. For those whom were responsible for drafting the CEDAW convention, did not take into account the entity of religion, tradition, or culture. Hence, the Islamic jurisprudence concerning women deem invalid. This is a crucial matter, cancelling the religion of Islam from the life, law, constitution, culture, and the minds of people whom adhere to this convention, shall be the reason to demolish the Islamic Society or the little of Islam, some countries have left.
ConcludingcommentsoftheCommitteeontheEliminationofDiscriminationagainstWomen:10August 2007(2)
1
54
For example, in the Jordanian Law of Personal Status, a female is not allowed to get married unless with a guardian Waly, which according to CEDAW is inapplicable. In Islam, a marriage does not take place unless a girl has a guardian (Waly), who is in the position of her father, brother or even her uncle. The Prophet (PBUH) said, "Whichever woman gets married without the approval of her Waly, her marriage is abolished, and said this three times".1 This is so, because women need guidance and help in a decision she has made for a lifetime. What a better advice than a father who has much more experience in life and is farsighted. Furthermore, the Wali makes sure that all her rights are reserved, are protected and granted. When haste and care is given to establish a good marriage, the less risk there will for it collapse afterwards. Consequently, in the case of the Jordanian Law of Personal Status, which is linked to sharia and some of its laws spring from Islam, will be alerted since it does not comply with CEDAW convention.
Article 5: States Parties shall take all appropriate measures:
NarratedbyabuDawoud,Hadithno.2085
55
(a)
To modify the social and cultural patterns of conduct of men and women,
practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women;
When highlighting the word Pattern, it comes to ones mind that the people drafting this convention tend to neutralize the role and image of women and men in a society. Meaning that a woman is not necessarily a female, a mother, a conserver, or a housekeeper. Nor is a man necessarily a male, a father, a person responsible for a home and a guardian. Those roles do not commit them into acting a certain way on the mere ground of being a certain sex! Once again, this means a threat to one of the five necessities of Islam, which is the preservation of the lineage. When the role of motherhood is no longer fulfilled, then who shall be responsible for producing children? If women leave their homes and start fending for their families or for themselves, this will surely affect their physical and mental capabilities of producing. The Prophet (PBUH) also said, "Marriage is my Sunnah whoever has the means to marry but refused to marry is not one of us"1. One of the main objectives of life is marriage and that is for the
NarratedbyAyesha,Acc.No.6807(SahihAlJame)
with a view to achieving the elimination of prejudices and customary and all other
56
reason of preservation and continuation of the human race, and such an objective is encouraged by instinct. Through marriage a Muslim can find his soul mate. Spouses complete each other. Therefore, it is recommended for those who want to marry to choose their partners very well.
Men and women were created from one same source but with different distinctiveness, characterizing them as two individual beings in this life having a different mind, soul, and body to fulfill a certain role conferred to each. Islam perceives marriage as a sort of worship, when two people create a well established Islamic institution, with children whom behold the aim of spreading the word of Allah.1 Thus, Islam sees men and women as each other's garments your wives. They are your garments and you are their garments (Al Bakara 2:187), i.e., they are of mutual support, mutual comfort, and mutual protection, fitting into each other as a garment fits the body. This emphasizes their sameness, their oneness, something much more magnificent than legal equality. The husband and the wife are described as each other's clothing, not one as the garment and the other the body.
AlGhazali,Mohammad(1990).QadayahAlMaraBayanAlTaqaleedAlRakedawaAlWafedah(102). (WomensIssuesbetweenInternalandForeignTraditions).Cairo:DarAlShoroq.
1
57
Dress is something that covers the body and protects it. The spouses are protectors and guardians of each other. This relationship also protects the morals and without this shield one is exposed to the dangers of prohibited carnality. When analyzing the reason of marriage, several points arouse. Firstly, it is to preserve the lineage, and the Islamic Ummah. Secondly, it is to protect the ethics and morals of a society. When Islam prohibited adultery, and made marriage a lawful relationship, it protected society from corruption and degradation.1 Finally, marriage is a partnership between two persons whom find support, comfort, serenity, and peace in one another. Islam encouraged marriage; mentioned in the book Aoun al Maboud fe Shareh Sunan Abu Dawoud the explanation of the Hadith, those of you who are capable of getting married must do so, if not then they are advised to fast. Islam encouraged marriage for the reason of preserving the human kind, one of the five necessities mentioned previously. As well as protecting society from deterioration, corruption and confusion of the linage.2 People must understand that the Husband-wife relationship is not merely a practical relationship. It is a spiritual
Mawdodi,AbuAlAla(1985).HuquqAlZawjayeen(2122).(TherightsoftheHusbandandWife). Jeddah:AlDarAlSoudia.
2 1
Abadi,AbuAlTayeb(1979),AounAlMaboud(3941).Beirut:DarAlFiker.
58
relationship, it sustains and generates love, kindness, mercy, compassion, mutual confidence, self-sacrifice, comfort and support. It is to attain psychological, emotional and spiritual companionship. It is the divine law that organized the desire that arise in both female and male towards each other, it also sets rules and regulations that prevent it from going a stray and producing illegitimate offspring and unwanted children.
Therefore, this convention aims at rearranging and restructuring the conventional role and image of the traditional family in society. Accordingly, a woman can exchange roles with a man and vice versa and fill in the same vocation. This is against the law of the universe and the law of nature. Allah the Almighty created two sexes and gave each its character, physical, biological, and mental dissimilarity, and special capabilities, in order to be assigned for a certain role in life. When eliminating this fact and trying to manipulate with the natural creation, this means changing the divine law and the whole essence of the human nature. It is important to understand that men and women have different character, personalities, abilities, mentality and physic. Ibn Abbas said: The Prophet (PBUH) cursed men who act like women and women who act like men.1
59
(b) To ensure that family education includes a proper understanding of maternity as a social function and the recognition of the common responsibility of men and women in the upbringing and development of their children, it being understood that the interest of the children is the primordial consideration in all cases.
Once again, this convention does not envisage the female as a person responsible for giving birth, looking after children, and caring for them. It considers motherhood as a social function not a biological attribute, and any other member of society, regardless of the gender can take part in the process of socializing and bringing up a family. For a family could have parents from the same gender. Islam on the other hand, prepares women from a very young age to embrace this great responsibility, since she will carry the duty of raising a generation on her shoulders. The Prophet (PBUH) ordered Muslims to look after their daughters, providing them with their needs and education as well as teaching them their religion and sciences. All this will allow her to fulfill and deliver her message as a mother, a housewife for her husband, all this paving the way for her to reach the highest level of heaven. 1
Zabalawi,MohmmadAlSayed(1998).AlUmumahfeAlQuranwaAlSunnah(1415).(Maternityinthe HolyQuranandSunnah).Riyadh:MaktabatAlTawoubah.
1
60
Thus, Islam envisions the role of maternity as a biological, as well as a social obligation. It considers it the responsibility equal upon both the father and mother in the up bringing and care given to children. It is just a matter of each parent bearing the suitable role that agrees with their purpose of creation. As Muslims, raising children is considered a partnership between mother and father. The father is the head of the family. He is responsible for fending for his wife and kids, i.e. his family. The wife, as well, is responsible for raising her children while the father is away. Islam gave children their full rights prior to any other convention.
Abdullah ibn Masud (May Allah be pleased with him) narrated that he heard the Prophet (PBUH) say: Each one of you is responsible, and each one of you will be asked about (and responsible for) his subjects. A ruler is responsible and he will be asked about his subjects. Every man is a shepherd and is a sponsor to his family. Every woman is the custodian of her husbands house and his children. Thus each one of you is a shepherd and each one will be asked about his flock.1 Allah the Almighty created two beings from one source and assigned each with a certain duty and responsibility. And women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them. And Allah is Exalted in Power, Wise. (Al Baqarah 2:227). In his tafser, Al
NarratedbyAlBukhari,acc.No.5200.
61
Sharawi explains this verse as follows: every husband and wife has rights and has obligations assigned to them by their nature and creation. Males have been assigned with responsibilities according to the nature of their creation, and the same applies to the females. He on the one hand, is obliged to work hard and fend for his family, as well as provide a proper house, where he retreats too after a long day of working, and settle in with his wife and children. The wife on the other hand is responsible is considered the guardian of her house, preparing for her husband to settle in, showing him love, companionship, and tendency in treatment. Hence, the responsibilities and the obligations are distributed fairly, for one is assigned with a duty as well as obliged to fulfill the right of his/her spouse.1
Article 6:
States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women. When Islam appeared in the Arabian Peninsula, it fought against trafficking and abusing women as well as prostitution. This is evident in the Holy Quran: But force not your maids to prostitution when they desire chastity, in order that ye may make a gain in the goods of this life. But if anyone compels them, yet, after such
AlSharawi,MohmmadMitwali(1991).TafseerAlSharawi(P985986).Cairo:AkhbarAlYauom.
62
compulsion, is Allah, Oft-Forgiving, Most Merciful (to them).(Al Nur 24: 33). Jabir reported that Abdullah bin Ubayy bin Saloul used to say to his slave-girl: Go and fetch something for us by committing prostitution. It was in the connection that Allah the Almighty revealed the above verse of the Holy Quran.1
Glancing at the world in general, it is obvious that women are being exploited in prostitution and trafficking even in developed countries. Pornography is another sort of trafficking and exploitation of women. The rapid growth of the industry pornography since the 1950s is parallel to the so cold equality trends in the West. It is also considered one of the largest industries of the West. For example, in the US, this industry generates about 1$ million dollars a day. In Britain, it generates over 500 million a year.2 This is the state of women in the so called Western civilization, where women are made to believe that they are equal to men when selling their bodies and losing honor. Article 8:
States Parties shall take all appropriate measures to ensure to women, on equal terms with men and without any discrimination, the opportunity to represent their
NarratedbyMuslim,Acc.No.3029 Patel,IsmailAdam(1997).IslamtheChoiceofThinkingWomen(28).London:TaHaPublisherLtd.
63
Governments at the international level and to participate in the work of international organizations.1 Islam is not against women participating in the political arena as well as having a hand in the international organization and conventions in what servers her country as well as her society. But it is important to shed light on the fact if this includes a women traveling on her own without a male relative Mahram, and her job ends up affecting the social structure of her family, in an immense and obvious manner, then Islam forbids this for the wellbeing of the family, as well as her own personal security. Article 10:
States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men and women:
(a)
The same conditions for career and vocational guidance, for access
to studies and for the achievement of diplomas in educational establishments of all categories in rural as well as in urban areas; this equality shall be ensured in pre-
http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm
64
school, general, technical, professional and higher technical education, as well as in all types of vocational training; Islam made it compulsory on both men and women to educate themselves. This is quiet clear in the Hadith of the Prophet Mohammad (PBUH): "Seeking knowledge is a religious obligation upon every Muslim.1 It is well known that preservers of Hadith would travel for months to distant places, just to get one single Hadith from a narrator and to ensure the chain of narrators is valid. The Prophet (PBUH) also said: "Whoever Allah the Almighty wishes well for, He will make him comprehend and well educated in religion".2 Thus, education was considered in Islam as an obligation much before conventions were written. Some well reputed sheikhs (scholars) of Islam such as Ibn Taymeh, who received his knowledge from a number of female scholars.3 It has been previously mentioned in this paper, how women during the time of the Prophet (PBUH) as well as post his death, have had a great role in spreading the religion of Islam and in obtaining knowledge.
NarratedbyIbnMajah.Acc,No.144 NarratedbyAlBukhariAcc,No.71
IbnAlMaqdisi,Muhammad(1975).Al'UqoodadDurroyyahminManaaqibShaykhulIslaamAhmadIbn Taymiyyah(2).Beirut:DarAlkutubAlIlmiyah.
65
With reference to section a in article 10, when defining vocational training as; Courses in which a learner studies a specific trade or occupation1 one must pay attention to the fact that some vocations do not suit women. For example, a woman can not work as a mechanic, or as a carpenter. Those occupations and according to their definition are described as: generally involve significant manual labor and work outdoors, particularly in rough carpentry2. She is unable to work as a builder or a construction worker. She can not occupy the job of a Bricklayer who lays bricks to and construct brickwork. A plumber is another job that contains
installing and maintaining systems used for plumbing, heating, drainage, potable
(drinking) water or small-sized industrial process plant piping.3 Those are just a few examples of vocations which due tothe biological and physical structure of a woman, are not appropriate for her to handle.
Islam gave females dignity and honor by declaring the fact that they differ from men and stating the reason of their creation. Therefore, it assigned her with a
http://www.idahoecampus.state.id.us/tools/glossary.html http://en.wikipedia.org/wiki/Construction_worker Ibid
66
certain mission in life, and went against everything that hinders it, all for her own good and for the wellbeing of society and mankind.1 So the equality mentioned in this article is but injustice committed towards women, since they have not been created for this sort of work or any other masculine profession. Ibn Abbas reported that the Prophet (PBUH) cursed men who act effeminate and women who act like men, and said, Expel them from your houses.2 (c) The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of textbooks and school programs and the adaptation of teaching methods; Coeducation is unaccepted in Islam especially in the years post puberty. Islam tries to hinder anything that might pave the way for committing a sin and the forbidden. For example, it ordered Muslim men and women to lower their gaze and not look into to each others eye. Say to the believing men that they should
AlAmele,Ali(1988).NimatAlHijabFeAlIslam(146).(TheBlessingofHijabinIslam).Beirut:AlDarAl Islamiah.
2 1
67
lower their gaze and guard their modesty: that will make for greater purity for them: And Allah is well acquainted with all that they do. (Al Nur 24:30). Thus, coeducation in schools during the period of adolescence is considered a threat, since children begin to have certain desires due to physiological changes. Muslims must be very cautious in handling that period of a schoolchilds life, as well as in anything that stimulates any sort of sin. Coeducation does not have any positive side to it; on the contrary, the tremendous loss caused by co-education is moral degeneration. The students are completely exposed to the opposite sex. Curiosity plays its role well in this regard. The wrong ideals set by the media and the awful bombardment of immoral images and characters fill the space left out by the germs of curiosity implanted by Satan. This reality coupled with the fact that they are mostly devoid of the supervision of any true and sincere mentor at school in that their teachers themselves do not present their students with a role model of morality, cause the innocent students to fall prey to the deadly predator of sexual impurity.1 According to The National Association for Single Sex Public Education, the number of public schools offering single-sex classrooms rose from 11 in 2002 to 514 in
http://www.islamonline.net/servlet/Satellite?pagename=IslamOnlineEnglish Ask_Scholar/FatwaE/FatwaE&cid=1119503545080
1
68
2008.1 Another example on how the West is now adopting Islamic single-sex education is a study that was conducted in the US. Students in the fourth grade attended classes that were either coeducation or single-sex. The results were that the boys and girls in the coeducation classes scored between 37% - 59%. But, the boys and the girls in single-sex classes scored between 75% - 86%.2 Two researchers working at an American university, conducted studies on the single-sex American education system and concluded that single-sex education was an advantage, since it offers the promise that education can transform the future of girls. Girls who attend single-sex schools are capable of speaking more freely in class and are more likely to major in math and science, and the most encouraging thing is that they are more likely to attend college or graduate. "There were anecdotal reports that the girls enjoyed being in an environment free of sexual harassment and classroom interruptions."3
Islam has guaranteed the right of education for both males and females and has considered it an obligation upon every Muslim. The womens right to education
AustralianBureauofStatistics
NationalAssociationfortheAdvancementofSingleSexPublicEducation.SingleSexvs.Coed:The Evidence.(2007). DavidSadker&KarenR.Zittleman,(April8,2004).SinglesexSchools:AGoodIdeaGoneWrong?(9). TheChristianScienceMonitor.

3
69
recognized from the early days of Islam. It is worth mentioning here that the first word and verse of the Holy Quran revealed to the Prophet (PBUH) was Read (AlAlak 96:1) , addressed to every Muslim, female and male alike. Scientifically speaking, both girls and boys differ in the speed of intelligence, mental health and absorption of information.1 Thus, it is an indisputable fact amongst the educators that there are several negatives points for coeducation. Boys and girls tend to focus on each other rather on their studies, a fact that hinders in the course of learning.2 Article 13:
States Parties shall take all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on a basis of equality of men and women, the same rights, in particular:
(a)
The right to family benefits;
Islam dealt with the matter of economic rights of women comprehensively. First of all, it is obligatory upon every man to fend for his family. This comes under the
Qurashi,B.S.(2000).TheEducationalSystemInIslam(30).Qom:Ansariyan.
Zaytoon,MunaAbuBaker(2005).IkhtelatAlMurahiqeenwaAtharuhufeMaharatihimAlIjtima'yah (43).(TeenagersmixinganditsAffectonTheirSocialSkills).UAE:DarAlKitabAlJami.
70
term Qawamah, previously mentioned in refutation of article 1, and signifies that the husband is a guardian over his wife, he is responsible for her and for her wellbeing. If a husband abstains from this duty, he is requested by law to perform it, and if not accomplished then the marriage will no longer be valid.1 Man is expected to work It is He Who has made the earth manageable for you, so traverse ye through its tracts and enjoy of the Sustenance which He furnishes: but unto Him is the Resurrection. (Al Mulk 67:15). The proper Muslim society urges a man to work and opens the door for him in order to secure an income for him and for those who depend on him, in order to fulfill the basic needs of life.2 Umar bin Al Khatab (May Allah be Pleased with him) used to hit with a stick those who he found laying in the mosque and being lazy, claiming that they were busy worshiping and only having faith in Allah the Almighty for their demands, he also said: No one should refrain from fending for the sky does not rain down with gold and silver, and that Allah the Almighty says in the Holy Quran: And when the Prayer is finished, then may ye disperse through the land, and seek of the Bounty of Allah. and celebrate the Praises of Allah often (and without stint): that ye may
Mawdodi,AbuAlAla(1985).TherightsoftheHusbandandWife(3435).
AlHashimi,MuhmmadAli(2007).TheIdealIslamicSociety(185).Riyadh:InternationalIslamicPublishing House.
71
prosper. (Al Jumuah 62:10).1 Hence, Islam ensured that women do not go through the stress and pressure of fending for themselves. Following is an example of data gathered by the UNIFEM that illustrates economical discrimination practiced against women in a number of countries.
Figure5:Anillustrationoftheeconomicaldiscriminationpracticedagainst womeninanumberofcountries.
Tantawi,Ali(1959).TarekhOmarwaAbdullahBinOmar.(264).(TheHistoryofOmarandAbdullahBin Omar).Damascus:DarAlFiker.
1
72
Figure 5 assesses discrimination in economic rights, which include: equal pay for equal work; free choice of profession or employment and the right to gainful employment without the need to obtain a husband or male relative's consent; equality in hiring and promotion practices; job security (maternity leave, unemployment benefits, etc.); and non-discrimination by employers. Also included, are rights to be free from sexual harassment in the workplace; work at night; work in occupations classified as dangerous; and work in the military and the police force. The graph shows that women's economic rights tend to have a strong balance in the law rights when compared to the social rights.1 Why must women go through all of the above in order to fend for themselves when Islam made things much easier and more convenient for them?
Concerning article (a), Islamic distribution of inheritance may be perceived as discrimination. When Allah the Almighty said in the Holy Quran: Allah (thus) directs you as regards your Children's (Inheritance): to the male, a portion equal to that of two females. (Al Nisa 4:11). By granting males double the amount of inheritance, it is for the reason that they are the ones in charge for fending for their families. The extra share given to the males in this case, is due to the responsibilities that are assigned to them with by the Islamic social system. They
WhoanswerstoWomen?UNIFEM2009P75
73
are the ones whom have to pay for all the expenses of their marriage and provide for a family whether in residence or foodetc. Inheritance law does not favor any party; it is rather a nicely balanced distribution of material assets.1 Women in Islam are not obliged to fend for themselves. A male relative whether a husband, a brother or a father are all responsible for her. Even if she was rich! It is quite important to mention here that in certain cases women are not always given half the share of male; it depends on the situation of inheritance, sometimes the take equal amounts, and she could even take more than a male at certain occurrences. If the man or woman whose inheritance is in question, has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of legacies and debts; so that no loss is caused (to any one). Thus is it ordained by Allah and He is Allknowing, Most Forbearing. (Al Nisa 4:12).
A survey was conducted in Germany concerning women working in soaring positions, of which the result was that a large group of the unmarried women answered that they would have rather have had a husband, a married life, and that
BinHumaid,SalehAbdullah:ARefutationofSuspicionsaboutCurrentIssues(85).
74
success in their careers did not grant them stability nor true happiness that each one of them had wished for.1 (c) The right to participate in recreational activities, sports and all aspects of cultural life.
Islam doesnt object on women practicing sports, on the contrary it encourages it. This is only limited by the place, the clothing and the preserving of females modesty in public. While Aisha (may Allah be pleased with her), was on a journey along with the Prophet (PBUH), she had a race with him and outpaced him. As time passed, and as they grow older, the Prophet (PBUH) wished to avenge for his loss, so he raced her again, in which case he outpaced her, and remarked: "This is for that outpacing." 2 This is to ensure that Islam granted women their rights prior any convention or feminist movement. Article 15:
AlSharif,Mohmmad(1960).AlIslamwaAlUsrah(4344).(IslamandtheFamily).MuasasatAl MatbouatALHaditha. NarratedbyAlNasai.Acc.No.8943
75
States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile. Stressing on the word movement and what it may imply might be an argumentative case. If the word refers to women traveling alone, then that is against Islam, unless for a very significant reason. A women in Islam is not allowed to travel alone because she is vulnerable and thus for her own safety she is not to do so. Although some schools of thought have allowed women to travel on their own as long as they have a male Mahram to receive them at the country they are planning on traveling to. It depends on whatever people regard as travelling, and is subject to the rulings of travelling. Regarding the term residence and domicile, if this implies that a women has the freedom to live on her own, and not in the same house as her spouse then this goes against the Islamic Social System. In the Quran Allah says: Let the women live in the same style as ye live, according to your means. (Al Talaq 65:6). A Muslim house is that of love, tranquility, serenity, peace, partnership and bondage, those characteristics are the base and foundation of a marriage and a successful beginning of the ideal Islamic family. How then, is it possible to do so if both mother and father live in different homes yet are still married. How will they be
76
able to set a good example before the eyes of their children if both live apart? This also applies to single women who are still under the guardian of their parents, Islam seeks the protection of young girls even prior their marriage. Article 16:
States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women: (a) The same right to enter into marriage; Islam doesnt agree on forced marriages, on the contrary, it is narrated that a Muslim woman by the name of Khansa Bint Khidam, who was forced into a marriage by her father, came to the Prophet (PBUH) and said to him that she disliked that marriage, so he (PBUH) declared that marriage invalid.1 Hence, this right already exists in Islam, and forced marriages are not a part of it. (c) The same rights and responsibilities during marriage and at its dissolution. This article entails that the married couple are equal in marriage, even when it comes to the expenses. For example, a woman also has to pay for the housing, food, and all the households. Yet, in Islam, it is obligatory upon a man to handle all the expenses of his family. A husband is even requested to pay the expenses for
NarratedbyIbnDawoud.Acc.No.2103
77
the kids even after divorce. As mentioned in chapter two, a woman in Islam even had rights after she is separated from her husband by divorce. For divorced women Maintenance (should be provided) on a reasonable (scale). This is a duty on the righteous (Al Baqarah 2:241).
(g) The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation; Islam forbids a woman to choose a family name for her children, other than the one they are given by their father. This is so, to prevent the children from Blood mixing. Allah the Almighty says: Call them by the names of their fathers, that is more just in the sight of God. (Al Ahzab 33:5).
In conclusion, many of the rights listed in the articles of this convention already existed in Islam. In the verses of Holy Quran, in the narrations of the Prophet (PBUH) and in the actions of his fellow companions, womens rights were merely protected and fulfilled. Many terms in the articles are vague, unclear and may carry several meanings and conception; this could be a problematic issue and raise a lot of controversy, i.e., when people differ in comprehension. Moreover, the committee responsible for
78
assembling this convention did not pay attention to the fact that several countries differ in their religion, ideology, tradition and culture. A practice that might seem absolutely acceptable and normal in a certain country, might seem irreligious and terrible in another. Above is the analysis on why CEDAW must not be ratified in Muslim countries and how it apposes Islamic Shari a, ethics and way of life. In the following chapter, the results of adhering to CEDAW and allowing it to go into force are listed.
79
Chapter Four: CEDAW Going Into Force

Results of Spreading This Convention
4.1
Humanity must comprehend that it is the sovereign of God on this earth: Behold, thy Lord said to the angels: "I will create a vicegerent on earth." (Al Bakarah 2:30) .Humanity is requested to construct it, apply the Shari a (Islamic law), and to worship Allah as ordered, for this is the main message of its existence:I have only created Jinns and men, that they may serve Me. (Al Thariyat 51:56). Hence, Allah put his trust in his sovereign, the human kind, making the relationship between him and earth a complementary one and of peaceful nature, all under the law of the Creator.1 Thus, the sexual instincts in human beings are instilled in them to preserve the humankind, limiting it into the act of marriage, encouraging the breading of generations, establishing comfort, love and mercy, and maintaining the lineage, all come under preserving the necessities of Shari a.2
Najjar,Zagloul(2009).NathratAlIslamLiAlInsan,AlKawoun,walhaya(14)(IslamicPerspectivetowards theHumanbeing,EarthandLife).Jordan:JamiatAlMuhafathaAlaAlQuranAlKareem. Atiyeh,JamalAlDeen(2008).NahwahTafeelMakasidAlSharia.(109).(TowardsApplyingthe NecessitiesofSharia).UnitedStates:AlMahadAlAlamyLilFikeralIslami.

2 1
80
If CEDAW comes into force and is implemented in the Muslim countries then the result will be going against the Islamic law of life. First of all, the man made laws do not address humanity like those of Divine laws. They address one nation and not another, one religion and not another. When Allah the Almighty laid down the rules and laws of the universe, they were set for every time and place, and appropriate with the human kind. Hence, the first outcome of applying the convention leads to:
Replacing Divine Rules:
When ALLAH the Almighty created earth, he laid down a set of rules and regulation to manage it in a systematic and proper way. He the Almighty, created human beings, hence, He is the one that knows what is in their favor and what is not. When neglecting those rules and regulation, one can imagine the pandemonium and chaos that might spread on this globe. And what a better proof than all what is happening to the world right now. Morals spring from religion and the strong belief that we were sent to this earth for a reason, and that one day we shall be judged, as we do unto the others so shall be done unto us. Replacing divine rules, leads to opposing religion, which is due to deviation from morals, belief, essence of creation, reason for living and not taking into account the deeds
81
and actions committed by a person. This allows people to perform all sorts of sin, harm towards others and towards ones own self, and live a chaotic meaningless life. Consequently leads to the following point.
Allowing the Forbidden in Islam:
Allah the Almighty forbade and allowed certain things for the well-being, happiness, health and the welfare of humanity. For example, when Allah the Almighty ordered Muslims not to mix, i.e., males and females, it was for a good reason, and that is to protect the bashfulness of humans, to prevent them from anything that might lead them to adultery that of which might lead to illegitimate children not knowing their parents, hence living in an incomplete family and a confused life. Another example, when Allah ordered women to cover their heads it was for their own protection and chastity. Al Qardawi gave women a figurative description and said: A woman is like a pearl hidden in its shell, the more you cover it, the more it glows and sparkles. Islam makes it forbidden for women to show any part that might be sexually attractive.1 Abu Hurayrah narrated that The Prophet (PBUH) said: I will not be a witness for two types of people who are destined for the fire:..and women who, although dressed and wearing clothes, are naked,
Qardawi,Y.(2003).TheLawfulandtheProhibitedinIslam(73).Houston,USA:ElFarouqFoundation.
82
seducing and being seduced, their hair styled like a twisted hump of a camel. They will not enter paradise, nor will its fragrance reach them.1 This is one of the greatest prophecies by the Prophet (PBUH). So many women nowadays are acting precisely like he had described them more than 1400 years ago. What was a great sin has now become something to be proud of and a norm amongst women of today. When people no longer care about what is Halal and Haram, the lawful and prohibited, then the order of this world tends to deviate from the right path.
For example, many countries in the West are allowing abortion, which is prohibited in Islam and considered to be like killing an innocent soul, has lead to several predicaments, but for some, it may seem a legalized and an insignificant issue. From a medical and health point of view, it is not. The consequence of such a matter affects not only the individuals undergoing the experience of abortion, especially if unsafe, but the society as a whole. WHO figures listed in the survey show that there are 19 million unsafe abortions per-year, resulting in around 68 000 deaths and millions of injuries and permanent disabilities.2 Hence, allowing
NarratedbyMuslimAcc,no.5704 http://www.who.int/mediacentre/news/releases/2006/pr63/en/index.html
83
what Allah the Almighty has forbidden shall only lead humanity towards misery and suffering. o Changing the Essence of the Creation of Women
As previously mentioned, The Prophet (PBUH) cursed men who imitated women and vice versa. This includes the act of a women dressing, walking, talking, behaving and working like men. Hence, if a man becomes effeminate and a woman masculine, then this will defiantly change the true essence and creation of each. Women were created for the reason of conceiving children, being a part of a solid, proper and a sound family, which is the foundation of an ideal society. She is responsible for bringing up her children, seeing to their physical and mental activities, teaching them true ethics, morals, values, gaining knowledge from the proper source, and being a part of that ideal society. It is not forbidden in Islam for women to work and be a constructive part of society. On the contrary, some fields in society require women, such as a female gynecologist, which would be much more comfortable for women rather than a male gynecologists. But if her work results in carelessness and negligence towards her husband and kids then she is signing the contract of a doomed society, unguided children, and a husband that goes else where to fulfill his needs. Therefore, Islam considers raising children as one of the most important jobs given to a woman. According to the International
84
and local statistics, one of the most significant reasons for Juvenile Delinquency is the breaking-up of families and homes, negligence committed by parents and scarcity in care offered to children.1 CEDAW tends to grant women much more freedom; this shall lead to higher rates of crime, violence and abuse. Following is a table showing the statistics of reported crime in the United States according to the Bureau of Justice Statistics:
Table6:CrimeStatisticsintheUnitedStates2
Reported crime in United States-Total

Number of offenses reported Violent crime Murder and no Violent negligent Forcible Aggravated rape Robbery assault Population crime tota manslaughter 296,507,061 1,390,745 299,398,484 1,418,043 301,621,157 1,408,337 16,740 17,030 16,929 94,347 92,757 90,427 417,438 447,403 445,125 862,220 860,853 855,856
Year 2005 2006 2007
Balali,A.H.A.(2006).WhyNotCoverYourModesty(5051).Riyadh:InternationalIslamicPublication House. http://bjsdata.ojp.usdoj.gov/dataonline/Search/Crime/State/RunCrimeStatebyState.cfm
85
Breaking family ties, the social structure, discouraging early marriage and
resulting in the drop of the number of Muslims Islam considers marriage to be the completion of ones religion, for through marriage a Muslim can, with the help of Allah, triumph over many of the traps of evil. It also helps him/her to lower his/her gaze and guard their chastity, as the Prophet (PBUH) said in the Hadith, O young men, whoever among you can afford it, let him get married, for it is more effective in lowering the gaze and guarding chastity.1 In this Hadith the Prophet (PBUH) addressed the youth since the desire they have for sexual intercourse is much higher than that of old men.2 In the Holy Quran, Allah says: And among His Signs is this, that He created for you mates from among yourselves, that you may dwell in tranquility with them, and He has put love and mercy between your (hearts): verily in that are Signs for those who reflect (Al Rum 30:21). Allah the Almighty made marriage between two people a sacred and affectionate relationship, not based only on sexual desires, but on respect, spiritual connectivity, and love. A relationship deems the basic rock to
NarratedbyAlBukhariAcc.No.5066 AlAskalani,MohmmadbinAhmadbinHajar.FatahAlBari(108).DarAlFiker.
86
build the whole of humanity.1 This sort of love and closeness is instilled between those two people who are married, He the Almighty is the only one capable of granting them those feelings since their relationship was built on the Islamic Sharia and law.2 In a certain way, the articles of CEDAW tend to undermine the role of the traditional family and seek to transfer the main role of women, by making them believe that they were not created for the reason of conceiving, being the main element in the duty of raising children, and preserving their homes. CEDAW also tends to eliminate the traditional family, what family is that of which it has no male father, and no female mother? What sort of generation will come up when its under the wing of two female partners? Anas ibn Malik (Allah be pleased with him) narrates that the Messenger of Allah (PBUH) said: Marry women who are loving and very prolific (in producing children), for on doomsday I shall show pride in you in the presence of the (other) nations3 It is our duty as Muslims to encourage the traditional family and to encourage the traditional role of a woman as being a mother.
Mawdodi,AbuAlAla.AlHijab(21516).Beirut:AlRisalah.
AbuUdeh,Udeh(2009).HiyeahwaHowah:QisatAlRajolWaALMarafeAlQuranAlKareem(75).(He andShe:TheStoryofManandWomanintheHolyQuran).Kuwait:WazaratAlAwkafwaAlShounal Islamyeh.

3
NarratedbyAhmadbinHanbalno.13594
87
4.2
Muslims Accepting Western Conventions, Why?
4.2.1 Loss of Identity
One has the tendency to wonder why are Muslims falling into the trap of blindly following the West in everything they do and signing the conventions they inscribe. The power of the great Islamic Empire that once was is descending into one of its darkest ages. The greatest Prophet Mohammad (PBUH) had narrated prophesies concerning the future of Muslims in the Hadith: As the Prophet said in the Hadith: The nations of the globe will invite one another against you just like a group of people seated around a platter of food where one invites another to consume that food. The companions asked the Prophet: "Will we be so few in number that this should happen to us? The Prophet said: No, you shall be innumerable. But you will be like the waste of the flood. On that occasion Allah will extract from the hearts of your enemies their fear of you and He the Almighty shall cast into your hearts wahan. One of the companions asked: What is wahan? The Prophet said: The love of life and the resentment of death."1 Indeed, today we are seeing this prophecy being
88
fulfilled, word for word, and in thorough detail. Muslims no longer have an identity to distinguish them, on the contrary, they are stamped with the habits of the West. In another occasion narrated Abu Sa'id Al-Khudri: The Prophet (PBUH) said: You will follow the ways of those nations who were before you, span by span and cubit by cubit (i.e., inch by inch) so much so that even if they entered a hole of a mastigure (large spiny-tailed lizards), you would pursue them. We said, "O Allah's Apostle! (Do you mean) the Jews and the Christians?" He said, "Whom else?"1 All this indicates that so many Muslims have started to lose faith, and are on the path that the Prophet (PBUH) had declared in his Hadith. The Westernization of Islamic Societies is When the youth of Muslim societies begin to dress, eat, walk, talk and behave like the Western societies, when the youth no longer practice the Islamic Fraid compulsories, when they practice the prohibited and deviate from the allowed in Islam, then the downfall of Muslims is near. Many Muslims are losing faith in their religion, so many no longer believe that Islam is the answer to all the questions one has in mind. For Islam is a social system including the family and society each having their rights fulfilled, it is a political system that give everyone their right with no distinction, economic system
NarratedbyAlBukhari,Acc.No.3456.
89
that encompasses every single member of society, male or female, hence, Islam is the ideal system, with its rules laid down by the divine, each part of it complementing the other. A prominent example is that one of the Muslim countries is actually banning Hijab from institution such as universities and collages. Turkey, was once upon a time the center of the greatest Islamic Empire, has issued a A strict headscarf ban had been in force in Turkish universities since 1997.1 The end result is that so many young girls have been denied their rights to proper education, forcing them to leave their homeland to countries where there Hijab is still respected, countries that could even be un-Islamic!
http://news.bbc.co.uk/2/hi/europe/7236128.stm
90
Conclusion:
This study arrived at the following conclusion: Discrimination as defined by CEDAW is based on sex, a term that was
radically eliminated more than 1400 years ago, at the advent of Islam. CEDAW sprouted from a society that had not treated women well, but
rather they were neglected through the timeline of history, under-trodden and pushed aside. It was the outcome of several years of misery, disgrace, and the sense of an overwhelming inferiority. Through research and studies it has been proven that the health and well
being of women has deteriorated and coincides with the so called feminism movements and conventions for womens rights. Islam granted women a higher and soaring status than any other religion or
society in the whole history of mankind. Women, alongside men became equals before their Lord and the divine law instilled on this earth. That equality was of divine nature, hence, a perfect one. Islam saw males and females as two pairs of one source complementing
each other, and finding comfort and love in one another and not a relationship of competition and inferiority.
91
It must be realized that in one sense, equality between men and women is
have responsibilities, obligation, and in worship before Allah the Almighty. In another sense, equality between men and women is impossible due to their natural differences in physical, mental, emotional and psychological qualities, inclinations and abilities. A clarification has been made to show how males and females are
complimentary, and that total equality between all members of the same gender is impossible due to natural differences in strengths and other qualities. CEDAW, was thought to be the answer to all the problems of women in the
West, but on the contrary, it was but a remolding convention from the pre-Islamic era, and pure discrimination against females, a matter not in their favor. When Allah the Almighty created two beings, it was for the reason that they both excelled in their individuality and differentiation, each fulfilling their role in life. Making two genders, males and females into one, is but complete
inequality and unfairness. The articles of CEDAW have been analyzed from an Islamic perspective to prove this; it has also been supported by well known scholars and authors.
possible and reasonable because they are both human, they are equal since both
92
Finally, if this convention goes into force, the Islamic nation deems at stake.
from the life of Muslims means final submission to the colonization of the West and its man made conventions and laws. Whether by encouraging women to leave their home and work, or by coeducation, hence, the destruction of a whole society. Thus, the punishment of Allah the Almighty will be gross for it is deserved
for all of those whom deviate from the divine law.
For it shall sign on the contract of doom. Annihilating Islam, its laws and Sharia
93
Bibliography:
Abadi, A. A. (1979). Aoun Al Maboud. Beirut: Dar Al Fiker . Abdualla, H. S. (2004). AbdAllah, Hassan SAl Jawaneb Al Fiqhiya Lil
Qiwamah Al Zawjiya ( The Fiqiah Approach Towards the Husbands Qawamah). Alexandria: AbdAllah, Hassan Salah Al Sghayar (2004), Al Jawaneb Al Fiqhiya Lil Qawamha. Dar Al Jamia Al Jadida. Abdullah, A. R. (2003). Guidelines for Raising Children. Riyadh: Daeussalam. Abu-Dawoud, & AL-Albani, M. N.-D. (1989). Sahih Sunan Abu Dawoud. Riyadh: Maktab Al-Tarbiyah Al Araby Ledowal Al-Khaleej. Abu-Shaqa, A. H. (2002). Tahreer Al Mar'a fe Asir Al Risalah (Freedom of Women During the Advent of Islam). Kuwait: Dar Al Kalam le NAshir Wa Al Tawzee. Abu-Udeh, U. (2009). Hiyeah wa Howah: Qisat Al Rajol Wa AL Mara fe Al Quran Al Kareem (He and She: The Story of Man and Woman in the Holy Quran). Kuwait: Wazarat Al Awkaf wa Al Shoun al Islamyeh.
94
ADahabi, S. A.-e. (1914). Tathkerat Al Hufath. Haidar Abbad: MAtb'at Majles Da'irat Al-Ma'rif Al-Nithamyeah. Al-Albani, M. N.-d. (1969). Sahih Al-Jame' Al-Sagheer (vol.1). Manshorat Al Maktab Al Islami. Al-Albani, M. N.-D. (1988). Sahih Sunan Al Nisai'. Riyadh: Maktab AlTarbiyah Al-Arabi Lidowal Al-khaleej. Al-Albani, M. N.-D. (1979). Silsilat Al-Ahdith Al-Sahiha. kuwait: Al-Dar AlSalafiyah Lil-Nashir Wa-tawzee'. Al-Amele, A. (1988). Nimat Al Hijab Bel Islam (The Blessing of Hijab in Islam). Beirut: Al Dar Al Islamiyah. Al-Araby, A. B. Ahkam Al Quran (The Laws of the Quran). Beirut: Dar Al Fiker. Al-Askalani, M. B. Fateh Al Bari. Damascus: Dar Al-Fiker. Al-Badawi, Y. M. (2000). Maqasid Al-Shari'a Ind Ibn Taymieh (The Necessities of Shari a According to Ibn Taymieh) . Jordan: Dar Al Nafais. Al-Bukhari, a. I. (1959). Sahih Al Bukhari. Lebanon: Dar Ihya' Al Turath Al Arabi.
95
Al-Ghazali, A. H. (1984). Kitab Al Nikah: Al Zawaj Al Islami Al Sai'd wa Adab Al lika' Bayn Al Jawjayeen (The Book of Marriage: The Happy Islamic Marriage and the Etiquettes of Meeting Between the Married couple). Cairo: Maktabat Al Quran. Al-Ghazali, M. (1990). Qadayah Al-Mara Bayan Al Taqaleed Al-Rakeda wa Al-Wafedah (Womens Issues Between Internal and Foreign Traditions). Cairo: Dar Al Shoroq. Al-Ghazali, M. (1991). Torathona Al Fikre Fe Mizan Al Share wa Al Akel. (Intellectual Tradition). United States: Al Ma'had Al Ilmi Lil Fker Al Islami. Ali, Y. A. (2001). The Quran: Text, Translation and Commentary. Elmhurst, New York: Tahrike Tarsile Quran Inc. Al-Jawzi, I. (2000). Sahih Al-Bukhari. Cairo: Dar Al Hadith. Al-Majali, M. K. (2008). Islamic Culture and Thought. Amman: Jami'at Al Muhafatha Ala Al Qur'an. Al-Mawardi, A. A. (1909). Al Ahkam Al Sultania. Cairo: Matbaat Al Saada. Al-Nabulsi, M. R. (2004). Humom Al Maraa Al Muslimah (The Worries of Muslim Women). Syria: Dar Al Maktabi.
96
Al-Nawawi, A. I., & Al-Albani, M. N.-d. (1979). Riyad Al Salehin (The Paradise of the Pious). Beirut: Al-Maktab Al-Islami. Al-Nisai', A. B.-S.-A. (1991). Sunan Al Nisa'i Al Kubra. Beirut: Dar Al Kutub Al Ilmyah. Al-Qaseer, F. A. (1999). Al Mara Al Muslima Bayna Al Shari a Al Islamiyah wa al Adaleel Al Garbiyah (Muslim Women Between Islamic Sharia and the Misleading West). Beirut: Moasasat AL Ryyan. Al-Sahmarani, A. (2007). Al Mar'a Fe Al-tareekh wa Al-Shari'a (Women in History and Shari a). Beirut: Dar Al Nafai's. Al-Sajistani, A. D.-A. Sunan Abu-dawoud. Beirut: Dar Al-Kitab AL Arabi. Al-Shrawi, M. M. (2000). Makant Al Mara Fe Al Islam (The position of Woman in Islam). Beirut: Dar al Kalam. Al-Sha'rawi, M. M. (1991). Tafsir Al-Sha'rawi. Cairo: Akhbar Al Yaoum. Al-Sharif, M. (1960). Al Islam Wa Al Usrah (Islam and the Family). Muasasat Al Matbouat AL Haditha. Al-Shaybani, A. B.-H.-A. Musnad Al Imam Ahmad Bin-Hanbal. Cairo: Mu'sasat Qurtubah.
97
Al-Shwkani, M. b.-A. (1999). Tafsir Fateh Al Qadeer. Riyadh: Maktabat AlRashid. Al-Sibai, M. (1984). Al Maraa Wa Al Kanoon (Women in the Course of Fiqh and Law). Beirut: Al Maktab AL Islami. Al-Tabari, A. J. (1911). Tafsir Al Tabari: Jame Al Bayan fe Tafsir Al Quran. Cairo: Al Matbaa Al Maymanyah. Aries, E. (1996). Men and Women in Interaction: Reconsidering the Differences. New York: Oxford University Press Inc. Atiyeh, J. A. (2008). Nahwah Tafeel Makasid Al Sharia (Towards Applying the Necessities of Sharia). United States: Atiyeh, Jamal Al Deen (2008). Nahwah Tafeel Makasid Al ShariAl Mahad Al Alamy Lil Fiker al Islami. Balali, A.-H. A. (2006). Why Not Cover Your Modesty. Riyadh: International Islamic Publication House. Bin-Hanbal, A. (1999). Musnad Al-Imam Ahmad Bin-Hanbal. Mu'sasat AlRisalah. Bin-Ibrahim, M. B.-I. (1958). Sahih Bukhari (vol.7). Cairo: Maktabat wa Matb'at Mustafah Al-Babi Al-Halabi Wa Awladuhu.
98
Daniele, E. (1991). The Great Divide, How Females and Males Really Differ. New York: Poseidon Press. Deem, R. (1984). Co-Education Reconsidered. Milton Keynes: Open University Press. Doi, A. R. (1989). Women in Shari'ah (Islamic law). London: Ta-Ha Publications. Edwards, C. (1921). Hammurabi Code and the Sinaitic Legislation with a Complete Translation of the Great Babylonian Inscription Discovered at Susa. London: Watts. Esposito, J. L. (2002). What Everyone needs to Know about Islam. US: Oxford University Press. Ferm(edt), V. (1956). An Encyclopedia of Religion. London: Peter Owen. Gaarder, J. (1996). Sophie's World. New York: Penguin Group Inc. Berkley Books. Ghadanfar, M. A. (2001). Great Women in Islam. Riyadh, Saudi Arabia: Darussalam.
99
(2001). Global Prevalence and Incidence of Selected Curable Sexually Transmitted Infections Overview and Estimates. Geneva: World Health Organization. Hambro&Goodrich. (1949). Charter of the United Nation (Commentary and Documnets) Revised Edition. Boston: World Peace Foundation. Hammurabi, K. B. (1921). The Hammurabi code and the Sinaitic legislation. London: Watts. Hashimi, M. A. (2007). The Ideal Muslim Society: as defined in the Quran and Sunnah. Riyadh, Saudi Arabia: International Islamic Pulication House. Hashimi, M. A. (2000). The Ideal Muslimah: The True Islamic Personality of the Muslim Woman as defined in the Quran and Sunnah. Riyadh, Saudi Arabia: International Islamic Pulishing House. Hecker, E. A. (1971). A Short History of Women's Rights From the Days of Augustus to the Present time; With Special Reference to England and the United States. Westport: Greenwood. Humaid, S. A. (1994). A Refutation of Suspicions about Current Issues. Jeddah: Al-Manara.
100
Ibin-Katheer, E. A.-D.-A.-F.-O. (2000). Tafsir Ibn Kather. Beirut: Moasast AlRisalah. Khattab, H. (2007). Bent Rib. Riyadh, Saudi Arabia: International IslamicPublication House. Kimball, R. (2000). Kimball, Roger (2000) The Long March: How the Cultural Revolution of the 1960s Changed America (147). San Francisco: Encounter Books. Mawdodi, A. A. (1985). Huquq Al Zawjayeen (The rights of the Husband and Wife). Jeddah: Al Dar Al Soudia. Max, Haagerup, Niels J. Sorenson . (1956). Denmark and the United Nations. New York: Manhattan Publishing Company . Najjar, Z. (2009). NajjaNathrat Al Islam Li Al Insan, Al Kawoun, wal Haya (Islamic Perspective towards the Human being, Earth and Life). Jordan: Najjar, Zagloul (2009). Nathrat Al Islam Li Al Insan, Al Kawoun, wal haya (14) (Jamiat Al Muhafatha Ala Al Quran Al Kareem. Noami, L. B. (1984). United Nations Decade for Women World Conference. New York: The Haworth Press.
101
O'Leary, D. L. (2000). Arabia Before Mohmmad. London: Routledge. Patel, I. A. (1997). Islam the Choice of Thinking Women. London: Ta-Ha Publishers Ltd. Philips, A. A. (1990). The foundations of Tawheed. Riyadh, Saudi Arabia: Tawheed Publications. Qarashi, B. S. (2000). The Educational System In Islam. Qom: Ansariyan. Qardawi, Y. (2003). The Lawful and the Prohibited in Islam. Houston, USA: El Farouq Foundation. Qutub, M. A. (2007). Women Around the Messenger. Riyadh, Saudi Arabia: Internation Islamic Publication House. Rahim, a. (1960). A short History of Islam. Dacca, Pakistan: Ahmed Publication House. Rateb, M. F. (1988). Civil Rights in the Light of Islamic Legistlation. Cairo: Aalam Al-Kotob. Sadker, D., & Zittleman, K. (April 8, 2004). Single-sex Schools: A Good Idea Gone Wrong?. The Christian Science Monitor. 9.
102
Scambler, A. (1997). Rethinking Prostitution: Purchasing Sex in the 1990. London: Routledge. Sharawi, M. M. (1991). Tafseer Al Sharawi. Cairo: Akhbar Al Yauom. Shalabi, M. (1977). Ahkam Al U'srah fe al Islam (Family Rules in Islam). Beirut: Dar Al Nahdah Al Arabiyah. Tantawi, A. (1959). Tarekh Omar wa Abdullah Bin Omar (The History of Omar and Abdullah Bin Omar). Damascus: Dar Al Fiker. Thiyab, A. S. (1992). Motat Al Talaq (Divorce Maintenance). Amman: Dar Al Yanbee. UNIFEM. (2008/2009). Who Answers to Women. USA: United Nations Development Fund for Women. Wadud, A. (1999). Qur'an and Women. New York: Oxford University Press. Zabalawi, M. A. (1998). Al Umumah fe Al Quran wa Al Sunnah (Maternity in the Holy Quran and Sunnah). Riyadh: Maktabat Al Tawoubah. Zaytoon, M. A.-B. (2005). Ikhtelat Al Murahiqeen wa Atharuhu fe Maharatihim Al Ijtima'yah (Teenagers mixing and its Affect on Their Social Skills). UAE: Dar Al Kitab Al Jami.
103
Websites: All websites have been accessed to on the 3ed of December 2010: http://www.un.org/womenwatch/daw/cedaw/history.htm http://www.un.org/womenwatch/daw/csw/ http://www.un.org/womenwatch/daw/beijing/pdf/Beijing%20full%20report %20E.pdf http://www.un.org/womenwatch/daw/cedaw/ http://www.unifem.org/progress/2008/justiceFS_panel1.html http://en.wikipedia.org/wiki/Code_of_Hammurabi http://sirah.al-islam.com/display.asp?f=rwd4227.htm http://en.wikipedia.org/wiki/Legality_of_prostitution#Prostitution_legal_and_ regulated http://news.bbc.co.uk/2/hi/business/4532617.stm http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm http://www.bbc.co.uk/religion/religions/islam/beliefs/sharia_2.shtml http://en.wikipedia.org/wiki/Demographics_of_atheism http://forensics.marshall.edu/MUFSC/PDFs-Pubs/Info-Parentage.pdf http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm http://www.idahoe-campus.state.id.us/tools/glossary.html http://en.wikipedia.org/wiki/Construction_worker
104
http://www.islamonline.net/servlet/Satellite?pagename=IslamOnlineEnglishAsk_Scholar/FatwaE/FatwaE&cid=1119503545080
http://www.who.int/mediacentre/news/releases/2006/pr63/en/index.html http://bjsdata.ojp.usdoj.gov/dataonline/Search/Crime/State/RunCrimeState byState.cfm http://news.bbc.co.uk/2/hi/europe/7236128.stm http://www.vpul.upenn.edu/ohe/library/violence/statistics.htm
501
. .
" "
601

Ahkamul Sultania

Загружено:

Сведения о документе

Исходное описание:

Оригинальное название

Авторское право

Доступные форматы

Поделиться этим документом

Поделиться или встроить документ

Параметры публикации

Этот документ был вам полезен?

Это неприемлемый материал?

Авторское право:

Доступные форматы

Ahkamul Sultania

Загружено:

Авторское право:

Доступные форматы

i

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

An illustration of the economical discrimination practiced against women in a number of countries

Crime Statistics in the United States

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

BBC CEDAW CSW FBI IOM UNIFEM WHO

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

Supervisor Dr. Mohammad Al-Majali, Prof. ABSTRACT

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

AlHeet,RulaMahmoudHafith(2005),TheStatusofWomenBetweenIslamicShariaandInternational Declarations,AcomparativeStudy,Jordan,JordanUniversity. ATrad,JihanMohammadAmeen(2006),MuslimWomenEducationinlightofthePropheticHadith, Jordan,YarmoukUniversity.

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

Modification of some misapprehended concepts about Women, from an

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

issues that are all interrelated in this paper.

Saqer,FatimaMohammad(2001),SourcesofStressAmongWorkingWomenandItsPsychologicaland PhysicalHealtheffects,Irbid,Jordan,JordanUniversityofScienceandTechnology. Khasawnah,RandaFuad(2003),TheHolyQuran'sperspectiveoftheContemporaryMovementsfor WomensLiberation,Jordan,AlAlBaytUniversity.

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

previous conventions; hence the studies related to it are limited.

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

discussed nor referred to previously especially from an Islamic perspective. It

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

1 Chapter One: Historical Timeline of CEDAW Definition and

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

The aims of the CEDAW convention described by the committee are:

To create a committee as well as other public institutions in order to

guarantee the effective protection that might be practiced against women.

To guarantee the abolishment of all sorts of inequality against women, this

includes any person, organizations or enterprises.1 1.2

Discrimination Against Women According to CEDAW:

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

http://www.unhchr.ch/html/menu6/2/fs22.htm#substantive UnitedNationsDevelopmentFundforWomen http://www.unifem.org/progress/2008/justiceFS_panel1.html

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

Chapter Two: Status of Women along History

2.1.1 Womens Status and Rights Prior the Advent of Islam

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

Ferm(edt),V.(1956).AnencyclopediaofReligion(829).London:PeterOwen. Khattab,H.(2007).BentRib(21).Riyadh,SaudiArabia:InternationalIslamicPublicationHouse. 'Leary,D.L.(2000).ArabiaBeforeMohammad(201202).London:Routledge

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

The Enlightenment of Women at the Advent of Islam

2.2.1 Womens Rights in Islam:

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

All Rights Reserved - Library of University of Jordan - Center of Thesis Deposit

TheHijraorwithdrawal,istheemigrationofMuhammad(PBUH)andhisfollowerstothecityofMedina in622,andmarksthestartoftheHijriyearoftheIslamiccalendar.ThecurrentIslamicYearis1431AH. Ghazali,Mohammad(1991).TorathonaAlFikreFeMizanAlSharewaAlAkel.(163).(Intellectual Tradition).US:AlMa'hadAlIlmiLilFkerAlIslami.