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