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my mother and father.iv    Dedication I dedicate this work to My parents. who helped me put this piece of work together……who held my hand and made me walk through gloomy days to face the sun and feel the taste of success… To my sister Amina. yet great in the way she enlightens me…she is my guardian angel. who will always be little in my eyes. my soul mate.Library of University of Jordan .Center of Thesis Deposit . who helped and guided me through the years and showed me love and happiness…who took care of me when ever I needed them…who held me tight during stormy days and made me feel the warmth of the sun in joyful summers… To my Husband “Na’el”. who encouraged me to go ahead with my masters and the one who introduced me to this program… All Rights Reserved .

.Library of University of Jordan .. and its branches (reach) to the heavens of its Lord.” 14:24 All Rights Reserved .v    Acknowledgment Special Thanks to my Parents… My Husband Na’el… My professor Dr.Center of Thesis Deposit . for helping me become a branch of the Islamic tree of knowledge… “A goodly word like a goodly tree.So Allah sets forth parables for men. Mohammad Al Majali… My brother and sisters… My Friends… Each and every one. in order that they may receive admonition. whose root is firmly fixed.

.... 13 Chapter Two: Status of Women along History ............................................... 16 2.........................................................2 2 History of CEDAW .................. 20 All Rights Reserved .........................................................................................Center of Thesis Deposit ................................. ii Acknowledgment ..............................................................1 Women’s Status and Rights Prior the Advent of Islam .............................................................................................................................. x The objectives of this study are: ................................................... 8 1 Chapter One: Historical Timeline of CEDAW Definition and Clarification ..................2 The Enlightenment of Women at the Advent of Islam ............................................................................................................................... v List of Figures...................................... 9 1..............vi    Table of Contents Dedication .........1 1............................................................................................................................................ 16 2.......................................................................................................................... ix ABSTRACT .................................... viii List of Abbreviations ...................................................1 Status of Women in Islam and in the West ....... 3 Research methodology ............... 9 Discrimination Against Women According to CEDAW:......................................................... 16 2.1.................................... 2 Literature Review: ................................Library of University of Jordan ........................

23 2....................................2 Role of Muslim Women at the Time of the Prophet (PBUH) and Succeeding His Death .1 Women’s Rights in Islam: .................................................................................Center of Thesis Deposit ....................................................................................................................................1 Loss of Identity.............................................................................................................. 20 2.3 Women in the Qur’an and Sunnah .............vii    2..................................................................................................................... 39 4 Chapter Four: CEDAW Going Into Force ...... 38 3.................................. 93  All Rights Reserved ..... 90 5 Bibliography: ............................ 79 4...............2..................................... 30 Chapter Three: CEDAW Advantages and an Analysis Opposing Islam ....... 79 Muslims Accepting Western Conventions.......................................2 Results of Spreading This Convention......................................................2 Advantages of the Convention: .........................Library of University of Jordan .............2.............................................................. 28 2......... Why? ...............2.....................................1 3.......................................................1 4............................... 38 An analytical Discussion on Some of the Articles that Oppose the Islamic Religion .........................3 3 Predicaments of Women in the West: .................. 87 4........... 87 Conclusion: .................................................2...................................

Library of University of Jordan .viii    List of Figures NUMBER FIGURE CAPTION Figure 1 The number of. 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 All Rights Reserved .Center of Thesis Deposit . and per capita cases.

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

the honoring position it has granted her. 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.Library of University of Jordan .x    CEDAW from an Islamic Perspective An Analytical Study of Some of the Articles of the Convention By Zeinab T. rules and tradition. by shedding light on the history of CEDAW.Center of Thesis Deposit . and her significant role in society. 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. Prof. Asfour Supervisor Dr.   ABSTRACT   This study yearns for contributing to the studies that concern women and their rights. Mohammad Al-Majali. All Rights Reserved .

consequently going against the shari’a. deviating from the nature of creation and become a westernized society in moral and principle.Center of Thesis Deposit .Library of University of Jordan . losing the Islamic identity. All Rights Reserved .xi    The conclusion points out the excepted results if the Islamic world adheres to this convention.

“Convention on the Elimination of Discrimination Against Women”.Library of University of Jordan . alongside their predicaments. linking a lot of those subjects in one piece of work. 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. discussions and warning brushers. and a new emerging issue that is a result of previous conventions. it focuses on the most critical articles of this convention by displaying an academic approach of analysis. in comparison to the Western women in the modern era. it highlights the status of women prior and post Islam. in order to show the reason of why All Rights Reserved . is a human rights convention for women adopted by the General Assembly of the United Nations. CEDAW. Subsequently. This study represents an awakening call to the entire Muslim nation and is unique. Then. their role and stature in society. hence the academic studies related to it are scarce.1    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. It also comes across as a contemporary subject that has not been yet discussed from an Islamic perspective nor referred to previously.Center of Thesis Deposit . therefore. except for a few articles.

to reach a well comprehended concept of the Islamic treatment towards women.2    this treaty diverges from the religion of Islam. its doctrine and teachings. Finally. 6.Center of Thesis Deposit . 5. Highlighting the status of Women in Islam. for such a matter will lead to corrupt the foundations and the values of Islam. Clarifying the misconceptions about some of the issues concerning Islam. Shedding light on some of the articles of the convention that clash with the Islamic law. 4. and the reason of why Muslims have reached this state. 3.Library of University of Jordan . Contributing to the studies that concern women. It endeavors to show the result of following such a convention in the Islamic world. All Rights Reserved . 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. Studying parts of the convention from an academic perspective. rules and tradition. 2. listing the results if this convection and its intruding ideologies if adhered to by the Muslim states. The objectives of this study are: 1.

consolidation of women. and their indications regarding her nature and psychology. Jordan  University. the study explains the Qur’anic texts which tackles women. raised in the international conferences such as the general freedom of women. and the inheritance of women.1 • The Status of Women between Islamic Sharia and International Declarations. Hend Amen (2008).   1 All Rights Reserved . particularly those related to family. the thesis has                                                               Al‐Muhasien. Jordan.3    Literature Review:   Previous Studies which are relevant to the subject matter: • The Psychological Features of Women in the Qur’an: This thesis discussed the psychological features of women mentioned in the Qur’an. her nature and psychology according to rulings mentioned in Islamic Jurisprudence. In discussing these issues. A Comparative Study: This thesis addressed some of the most important women issues. from a thematic exegesis of the Qur’an. a matter which declares the wisdom behind such rulings.Center of Thesis Deposit . Psychological features of woman in the Qur’an.Library of University of Jordan . The thesis discusses the different roles of women in the society. characteristics and features as a female. as a wife and a mother. The study maintains the compatibility of Islamic rulings with women’s nature and psychology. starting with her original creation.

Library of University of Jordan . Jordan University. the wife has the responsibility of the house. kindness and leniency.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 women’s education. The results of this study recommends the following: That Muslims must be committed to the Prophetic Traditions. and freedom of choosing her husband. The protection of family from disassembly is a mandate on every Muslim. breeding and benevolence.2                                                               Al‐Heet. A comparative Study. Jihan Mohammad Ameen (2006). As whoever brings life to it resembles that of him who has brought life to the entire humanity. It also discussed the field of right’s which contained: Life rights. Yarmouk University. right of expenditure.  Jordan. and to show filial piety.Center of Thesis Deposit . Islam gives the woman the right to education. the right of freedom of choosing a husband. Jordan. 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. Muslim Women Education in light of the Prophetic Hadith.   A‐Trad. The Status of Women Between Islamic Sharia and International  Declarations.    2 1 All Rights Reserved . for family is the basis of the whole society.4    pointed out the preference of Islamic legislations in promoting and caring for women in all aspects of their lives. Rula Mahmoud Hafith (2005).

it presents realistic models from the female Islamic community. and the relation between sources of stress and psychological and physical health. in order to clarify the positive image of women in Islam as well as signifying the correctness of it.5    • Modification of some misapprehended concepts about Women.  1 All Rights Reserved . it unraveled and amended the view point towards women and their issues. from an This study aims at discussing some of the misapprehended concepts related to women from and Islamic perspective. In addition this study aimed at identifying the risk factors of stress with respect to age. martial status. Finally. Mohammad Husni Ahmad (2006). work                                                               Abu‐Melnim. education level.Library of University of Jordan . Secondly. Jordan University.Center of Thesis Deposit Islamic Perspective: . Later. in accordance to the Islamic understanding. Modification of Some Misapprehended Concepts About  Women from an Islamic Perspective. recognizing the reasons behind the spread misapprehended concepts concerning women. Jordan.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). analyzing them as well as discussing them. through the following: displaying some of the misapprehended concepts concerning women.

i. 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.e.Center of Thesis Deposit . Jordan. Randa Fu’ad (2003). Sources of Stress Among Working Women and Its Psychological and  Physical Health effects. Al Al‐Bayt University.6    duration.   Khasawnah.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. Christian and Jewish. as well as Pre-Islamic Arabian women. It also focuses on the position of women from an Islamic perspective.1 • The Holy Qur’an's perspective of the Contemporary Movements for Women’s Liberation: The Objective of this Study is to highlight the status of women in pre-Islamic religions.. Fatima Mohammad (2001).                                                               Saqer. Furthermore. Irbid. it highlights the Qur’anic concept of liberation in apposition to western modern concepts.Library of University of Jordan . work field and economic level. Jordan University of Science and Technology. Jordan. and studies the western women liberation movements.  2 1 All Rights Reserved . The Holy Qur’an's perspective of the Contemporary Movements for  Women’s Liberation.

hence the studies related to it are limited.Center of Thesis Deposit discussed nor referred to previously especially from an Islamic perspective. • CEDAW is an issue now coming to the surface and is the outcome of previous conventions. It . All Rights Reserved .7    • Another point is that this is a contemporary subject that has not been yet represents awareness to the entire Muslim community.Library of University of Jordan .

Analyzing the information.Library of University of Jordan . All Rights Reserved . the convention of CEDAW. women’s rights in Islam. Put in writing the understood material as well as examining it. 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.8    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.Center of Thesis Deposit . Formulating an idea. Reaching a conclusion and the aim of this research paper.

language.Center of Thesis Deposit . in the dignity and worth of the human person. (1949). or religion”. Boston: World Peace Foundation.1   History of CEDAW The United Nations focused on the equality of human rights between men and women.2 CEDAW springs from one of the commissions of the United Nations. from its initial stages. For listed in its Charter: “To reaffirm faith in fundamental human rights.  2 1  Ibid P96  All Rights Reserved . sex. and stands for the Convention on Elimination of All Forms of Discrimination Against Women. in the equal rights of men and women and of nations large and small”1 . and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race. Charter of the United Nation (Commentary and Documents) revised edition  (87). a convention that has developed over a period of time and reached its present stage. social. who makes                                                               Hambro & Goodrich.9    1 Chapter One: Historical Timeline of CEDAW Definition and Clarification 1.Library of University of Jordan . The UN also endeavourers to “achieve international co-operation in solving international problems of an economic. cultural. or humanitarian character. CEDAW went into force by the approval of the United Nations.

 New York: Manhattan  Publishing Company  1 All Rights Reserved . whom urged the Commission of Human rights to grant the sub-commission their individual organization and to become a full commission. The first chairperson of this Commission was the Danish Bodil Begtrup. 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. Denmark and the United Nations (101). Niels J. The Commission of Status of Women. 1 The outcome was CSW.10    sure that it is applied in all countries that have signed the convention by the continues follow up activities. a sub-commission for women was established under the wing of the United Nation’s Commission of Human Rights. were those of four women.Center of Thesis Deposit . since equality between genders in their societies was a problematic issue. Sorenson(1956). CSW drafted several conventions and declarations with the purpose of tackling issues that concerned women.Library of University of Jordan . which was established on 21st of June 1946. Women’s rights were one of the main concerns of the United Nations. After this convention took place. Therefore. Haagerup. and was dedicated to gender equality along with the advancement of women. and planned for the                                                               Max. Out of the 160 signatures made that day.

org/womenwatch/daw/cedaw/history.Library of University of Jordan . such as economic. the General Assembly adopted its resolution 1921 (XVIII).org/womenwatch/daw/cedaw/history. within the United Nations system. CSW. and finalizing with the Minimum Age for Marriage and Registration of Marriages adopted on 7 November 1962. began in 1965. The first was the convention of Political Rights of Women.1 Between the years 1949 and 1959.org/womenwatch/daw/csw/. political.un. civil.Center of Thesis Deposit . the Convention on the Nationality of Married Women.11    advancement of women in different fields of life. adopted by the Assembly on 29 January 1957.un. Drafting of the declaration.htm  3 All Rights Reserved . 2 On the 5th of December 1963. 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.3 The Convention on the Elimination of All Forms of Discrimination Against                                                               ECOSOC resolution establishing the Commission on Status of Women:  http://www. held several Conventions on women. This process was implemented by women activists.un.htm   http://www. as well as external assistance. adopted by the General Assembly on 20 December 1952. social and educational. the Convention on Consent to Marriage. by a committee selected from within the CSW.  2 1  http://www.

Library of University of Jordan . Five conferences were held concerning women. (1984).un. New York: The Haworth  Press. it went into force.                                                               Noami.12    Women.Center of Thesis Deposit . and with 10 abstentions. Finally. and set equality between men and women where both can enjoy the rights they had been deprived and had been seeking for centuries. During that time.org/womenwatch/daw/beijing/pdf/Beijing%20full%20report%20E. Hence. On the 3rd of September 1981. United Nations Decade for Women World Conference (1).  2 1  http://www. where 133 governments participated. The Second World Conference on Women was held in 1980 in Copenhagen1. the 5th World Conference concerning women took place in New York in the year 2000. this convention came to prevent the discrimination practiced against women. the foundation of the United Nations Decade for Women World Conference took place. L. B. followed by the 1985-Nairobi-Third World Conference on Women and finally the 1995-Beijing-Fourth World Conference on Women. Development and Peace. 30 days after the twentieth Member State had ratified it. The first was in Mexico City in 1975.pdf  All Rights Reserved .2 The program for the Decade of Women called for: Equality. The conference offered guidelines for a global plan and for the sake of the advancement of women. was adopted by the General Assembly in 1979 by votes of 130 to none. to grant them their rights.

abolish all laws that could have any sort of discrimination. of which according to the UN. civil or any other relating fields. organizations or enterprises. social.1 1. emerged from the mere ground of being a different sex. • To instill the principle of equality amongst men and women in legal affairs.un.2   Discrimination Against Women According to CEDAW: CEDAW was the outcome of all the above conferences. cultural. economic. and eliminate all laws that are considered discriminatory and implement those that forbid discrimination against women. • To guarantee the abolishment of all sorts of inequality against women.org/womenwatch/daw/cedaw/  All Rights Reserved . The convention consists of a preamble and                                                              1  http://www. It endeavors to eliminate all forms of discriminations against women in the political.Library of University of Jordan . this includes any person. • To create a committee as well as other public institutions in order to guarantee the effective protection that might be practiced against women. and implement those that do not show any discrimination against women in any sort.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.Center of Thesis Deposit .

and finally.”1 Data shows that discriminatory practices exist in almost all parts of the world. the right to education. travel abroad. civil or any other field.14    30 articles. social.Center of Thesis Deposit . own. CEDAW declares that "discrimination Against women. cultural. and community activities. shall mean any distinction.org/progress/2008/justiceFS_panel1.html  2 3 All Rights Reserved . confer citizenship to children or a husband. acquire. First of all. participate in social. which identify the reasons of why there is discrimination against women.htm#substantive   United Nations Development Fund for Women   http://www. enjoyment or exercise by women. of human rights and fundamental freedoms in the political. marriage on a basis of equality with men.ch/html/menu6/2/fs22.Library of University of Jordan . obtain a passport. cultural.unhchr. manage.”3                                                              1  http://www. those rights include: “the right to: equal inheritance. irrespective of their marital status. economic. initiate a divorce.unifem. and retain property brought into marriage. on a basis of equality of men and women. According to the UNIFEM2 . and then sets the rules and regulations for abolishing them. exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition. and so many women are deprived of their rights.

CEDAW went through several stages amid discussions.Center of Thesis Deposit . Discrimination against women is from the mere ground of being a different sex. All Rights Reserved . this results in being treated differently by various types of societies and in several fields of life. and resulted in the outcome of which is the convention we see today. “CEDAW” aims at eradicating this fact.Library of University of Jordan . implementation and so on.15    In conclusion. from as early as 1945.

By looking back at the societies established in early history and the earliest written codes of law.  2 All Rights Reserved . therefore.org/wiki/Code_of_Hammurabi   Edwards. women around the world suffered from deprivation of their rights.1 2.Center of Thesis Deposit .e. C. created in 1790 BC. (1921). They were literary bought from their fathers by the person who was marrying them.1 Women’s Status and Rights Prior the Advent of Islam   Since the dawn of time.1. if a man wished to separate from his wife who has given birth to his child. one notices that some of the laws had so much discrimination against women. They were referred to as lesser human beings than men. women were treated like children and were not granted their complete rights. i. he would have to return her the amount of her                                                              1  http://en. in ancient Babylon1. Hammurabi Code and the Sinaitic Legislation with a Complete Translation of the  Great Babylonian Inscription Discovered at Susa (29). For example. treated as a commodity.16    2   Chapter Two: Status of Women along History Status of Women in Islam and in the West 2.wikipedia.Library of University of Jordan . the term “Human Rights of Women” did not exist.2 Moreover. London: Watts. Hammurabi Code.

Another punishment for a bad wife would be for her husband to make her a slave in her own household.Center of Thesis Deposit . Jostein (1996). when women were a rank above slaves. women in the Greek societies were deprived from education and did not                                                              1  Ibid P29   Al Nabulsi. had unusual terms describing women as being the unfinished and incomplete man. and were the property of their husbands both by custom and by law. Berkley Books: New York. a “bad Husband” did not exist.Sophie's World (116).3 According to Mustafa Al Sibai’. Humom Al Mara’a Al Muslimah (33). Penguin Group Inc.  All Rights Reserved .Library of University of Jordan . women were mentally and physically weaker than man and he regarded women as inferior to men. if a woman wanted to free herself from her husband she could only file a suite against him. and the husband was able to keep their children. according to the Hammurabi Law. Mohammad Ratib (2004). and punishment was only for a bad wife! Moreover. who was one of greatest thinkers and logicians in Greece. (The Worries of Muslim  Women).1 The Hammurabi code also declares that if a woman was a “Bad Wife” she would be sent away.17    purchase money and the dowry which she brought along from her father's house. and let her free. 3 2  Gaarder. a man had the right to sell or lease a woman in order to pay his debt back. Syria:  Dar Al Maktabi.2 The timeline of the status of women then goes further on into the era of the Greeks. Aristotle. Yet.

 Westport: Greenwood. weak. was marked as unsteadiness of character.4                                                               Al Sibai’. the rights of women in Judaism and Christianity were bewildering (bear in mind that their Holy books were alerted).   Bin Humaid. They were under trodden to the extent of being labeled as the abomination of Satan's handwork. and ignorant in legal matters. Jeddah: AL  Manar.1 The nature of women. during Roman time. deprivation. (Women in the Course of Law).   Hecker. (1970). Beirut: Al Maktab  AL Islami.  with special reference to England and the United States (2). Al Mara’a Wa Al Kanoon(13). Moreover.  4 3 2 1 All Rights Reserved . A short history of women's rights from the days of Augustus to the present time. disrespects and was believed to be something impure3. E. It was believed that perfection was only a characteristic of men. Al Mar’a fe Al Qanun (19).18    participate in the daily social life. A.Library of University of Jordan . Saleh Abdullah (1994). Women in both religions were considered the source of sin on earth. she was the one that made Adam eat the apple. A Refutation of Suspicions about Current Issues (53).2 Those are few examples on how some of Europe’s most exceptional empires had envisioned women. Some of the Jewish sects used to consider women as the same level of their servants. hence descending from the high heavens onto planet Earth! She lived in humiliation. Fathers had the right to sell their daughters when they were still underage. Mustafa (1984).Center of Thesis Deposit . Beirut: The Islamic  Office. (Women in the Course of Law).   Al Sibai’. Mustafa (1984).

Center of Thesis Deposit . (1956).Library of University of Jordan . by which female infants were buried alive by their parents for fear of poverty and disgrace among their society. Riyadh. The practice of infanticide was well known in Pre-Islamic Arabia. L. London: Peter Owen.19    In Christianity. and in the land where the Prophet PBUH was sent. According to the Al-Shawkani’s Tafsir of the Holy Qur’an. V.2 In another part of the world. “When news is brought to one of them. and he is filled with inward grief! With shame does he hide himself from his people. or if she even had a soul. when a man was told that his wife bore him a female child. or bury it in the dust? Ah! what an evil (choice) they decide on?” . because of the bad news he has had! Shall he retain it on (sufferance and) contempt. Confused whether to keep her alive and live in shame or bury                                                              1  Ferm (edt). London: Routledge  2 3 All Rights Reserved . (2007).1 In the early church.   Khattab. his face darkens. of (the birth of) a female (child). (Al.3 The Holy Qur’an describes how pre-Islamic Arabian people whom would feel ashamed and disgraced on the birth a female child. Saudi Arabia: International Islamic Publication House.   'Leary.Nahl: 58-59). D. Bent Rib (21). Arabia Before Mohammad (201‐202). He tends to escape from the eyes of the people and hide in shame. H. An encyclopedia of Religion (829). the Apostle Paul thought women to be inferior and were stained with the sin of Eve. women suffered as well. for a girl was a stamp of disgrace. conferences were held on whether to consider her a human being or not. (2000). his face would darken. This refers to the fact that he has been weighed down with sorrow and has broken down in misery.

establishing a proper social system and abolishing any sort of discrimination against women based on sex. (1960). A short History of Islam (8). she was part of the inheritance.  3 All Rights Reserved . and even if she had a soul it was not obvious whether it was actually human or of an animal nature.2. Judaism. Christianity.3 2.2 on the contrary. Mohammad (2008).Library of University of Jordan . as well as in the narrations and actions of the                                                              1  Al Shwkani. a being without a soul. Muhammad Bin‐Ali (1999). Amman: Jami’at Al Muhafatha Ala Al  Qur’an. Tafsir Fateh Al Qadeer. Pakistan: Ahmed Publication House  2  Al‐Majali.20    her in the ground. India or China. or Confucianism. giving them dignity. for it was believed that she was not capable of handling her financial possessions. Whether in Greece. Islamic Culture and Thought (161). Riyadh: Maktabat Al‐Rashid.1 Women’s Rights in Islam:   In the history of this world.Center of Thesis Deposit .1 It is recorded in history that the status of a woman during that era was very degrading. This is evidently declared in the Holy Qur’an by Allah the Almighty. Rome.2 The Enlightenment of Women at the Advent of Islam 2. women were considered to be the devil. or the source of sin. A.    Rahim. She had no right to inherit or have a share in her father or husbands property. Islam was the only religion to grant women their rights. Dacca.

 pp. was prohibited.”1 By applying the rules in the Holy Qur’an and the narrations of the Prophet (PBUH). 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.  Interviewer). and their status were abolished. W.  All Rights Reserved . By instituting rights of property ownership. M. during the age of ignorance prior the advent of Islam. the Iona Community. the explanation of this verse is that the young female will be questioned on doomsday on why she was buried alive. Beirut: Mo’asast Al‐Risalah. (B. In Tafsir Ibn Katheer. The whole house of Islam. More than fourteen hundred years ago. will give back the rights of those whom were deprived and whom were victimized in this world. on doomsday.2                                                               Watt. he gave women certain basic safeguards. the practice of infanticide.Library of University of Jordan . Tafsir Ibn Kather. “When the female (infant). and we Christians with them.21    Prophet(PBUH). The Coracle. This is an evident that Allah the Almighty. (Al Takwir 81: 8-9). inheritance. buried alive. Set in such historical context the Prophet can be seen as a figure who testified on behalf of women’s rights. M. many degrading and disrespectful actions towards women.Center of Thesis Deposit . McIntosh. is questioned . (2000). Islam gave women their rights. For example.For what crime she was killed”. education and divorce. 8‐11  2 1  Ibn Katheer (2000).

2 Finally. Ahkam Al U'srah fe al Islam (388). This maintenance is defined as the funds given by the male divorcee to his wife. whether it is money. a trait that gave them dignity. thus it tries to compensate as much as possible. “For divorced women Maintenance (should be provided) on a reasonable (scale). A woman in Islam even has rights after she is separated from her husband by divorce.Library of University of Jordan . for after its arrival. marriage was no longer a purchase act.  ِ All Rights Reserved . Ali Subhi (1992). This is a duty on the righteous” (Al Baqarah 2:241). Beirut: Dar Al  Nahdah Al Arabiyah.  2 1  Thiyab.22    Another example on the change of the status of women was the dowry. The Roman Empire was no less. Mohmmad (1977). and the houses of immorality and prostitution became places of worship. clothes or anything else.1 Islam envisioned divorce as a source of harm caused upon women that of which cannot be amended. ◌Mot’at Al Talaq (15).Center of Thesis Deposit . one can see how they were disgraced and had no honor. rather it became a contract were the woman had the right to approve of it or not. (Divorce Maintenance). but it later became a gift for her and a part of her property. Women were also requested to dress modestly. Amman: Dar Al Yanbee’. Moreover. (Family Rules in Islam). Prior Islam it was regard as the price of a wife paid to her father. its theaters and art was full of                                                               Shalabi. For when comparing women of previous ages and prior the advent of Islam to Muslim women. During the Greek ages the state of undress was a symbol of art. after divorce takes place. Islam honored women.

  1 All Rights Reserved . they will enter Heaven. it is enough for a person to look around and see how women are dressed nowadays. 2. for the source of those rights is merely divine.be they male or female . psychological and social grounds.and have faith. Beirut: Al Dar Al  Islamiyah. whether as a mother. Men and women are equal in worship before Allah. a daughter. and not the least injustice                                                               Al Amele. and sometimes in pairs.23    profligacy and obscenity. He the Almighty addressed them both in the Holy Qur’an sometimes as one. Ni’mat Al Hijab Bel Islam (12). She was granted her rights and was advised about her duties. Islam concentrated on both the mental and physical rights of men and women. a wife or even a grandmother. Women were recognized as a crucial part of society.. Ali (1988).Library of University of Jordan . which spring from biological. it is unnecessary to explain and mention how degrading the dress code of women has become. (The Blessing of Hijab in Islam).2 Role of Muslim Women at the Time of the Prophet (PBUH) and Succeeding His Death In Islam.Center of Thesis Deposit . They are equal in worship as well as in reward.1 As for our time.2. and not emotional or human fulfillment of desires. “If any do deeds of righteousness.

assured him that he was the messenger of Allah. Sumaya. the first martyr in Islam was again a female.Library of University of Jordan .24    will be done to them. supported him at his weakest moments. participated in invasions. Hadith No.” (Al Nisa’ 4: 124). witnessing the treaties. and put all her faith and belief in him. left their tribe and families for the sake of religion with no fear.Center of Thesis Deposit .1 The first convert to Islam was a woman. may Allah be pleased with her. Sayeda Khadijah. and enjoining the good and forbidding the bad. Answering the questions of the companions. women had asked Him for their share in education. they had the right to choose their husbands. Many footprints were left behind by great Islamic women since the time of the Prophet (PBUH). The Prophet (PBUH) also said that “Women and men are but from one source”. whom played a great role in spreading the religion of Islam. mother of Amaar ibn Yaasir. the Prophet’s first wife. During the age of the Prophet (PBUH). were all but proof of their high status in Islam. 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. Likewise.236  All Rights Reserved . and after the spread of Islam. they went to meetings in the mosque. and had                                                              1  Narrated by Abu Dawoud. accompanying the Prophet (PBUH) in Hijrah to Medina. held to the right to be separated from their husbands.

but they also have rights over you. “O People. Abdul Haleem Muhammad (2002). she didn't grieve. yet he stressed on the treatment of women and advised men to be respectful towards them. Kuwait: Dar Al Kalam le Nashir Wa Al Tawzee’. "Praise be to Allah who honored me with their martyrdom.al‐islam. Even at the time when the Prophet (PBUH) was standing on his last legs advising Muslims in his farewell sermon (Khotbat al wad’a).Center of Thesis Deposit .  2 1  http://sirah. in several matters as well as with his companions. Do treat your women well and be kind to them for they are your partners and committed helpers. but said. it is true that you have certain rights with regard to your women. where all four were killed. I pray for Allah to let me join them in heaven”.”2                                                               Abu Shaqa.htm  All Rights Reserved . whom was renowned for her poetry and love of Islam. Remember that you have taken them as your wives only under Allah's trust and with His permission.Library of University of Jordan . She and her four sons fought in the Battle of Qadisiyah.25    discussions with the Prophet (PBUH).1 One of the greatest women was Al Khansa.asp?f=rwd4227. there was little time. If they abide by your right then to them belongs the right to be fed and clothed in kindness. Tahreer Al Mar'a fe Asir Al Risalah (21‐22) (Freedom of  Women During the Advent of Islam).com/display. When she received the news.

26    Hence. obligatory duties. poetry and literature. Ayesha. and of being among its earliest and most eminent transmitters. lawful and unlawful matters. London: Ta‐Ha Publications. in the learning of the Qur’an. Post the death of the Prophet (PBUH). She provided the Muslim nation with guidance. He himself (may Allah be pleased with him). Arab History and genealogy”. and Ayesha (May Allah be pleased with them all).1 Another of the many examples is Saffiyeah. the Prophet (PBUH) advised and ordered Muslim men to cherish their wives for they have been entrust with them. The names of Hafsa. and commanded by Allah the Almighty to take good care of them and fulfill their rights. R. was a great scholar. Umm Habiba. Wife of the                                                              1  Doi. (1989). In the book “Tathkerat Al Hufath” by ADahbe.  All Rights Reserved .Center of Thesis Deposit . his wives became a great source of authentic Hadith and knowledge. is considered to be one of the most important figures in the whole history of Hadith literature . A. Umm Salama. May Allah be pleased with her. Maymuna.not only as one of the earliest reporters of the greatest number of Hadith.Library of University of Jordan . who once said: “I did not see a greater scholar than Ayesha. are well-known to every student studying Hadith. it is narrated that one of her pupils was Urwah Bin Az-Zubayr. but also as one of their most cautious interpreters. Women in Shari'ah (140).

E (6th century A. Those noble selfless women could be found in the battlefields…they were found in the political arena. She passed away in 600 A.3 “They were active in religion as in politics. in medicine and in nursing. M. (Intellectual  Tradition).Library of University of Jordan . women still had a role in spreading Islam. Abu AL Hassan (1909). Cairo: Matba’at Al Sa’ada. He traveled from China to Spain. in the interpretation of Sharia.   The Hijra or withdrawal. is the emigration of Muhammad (PBUH) and his followers to the city of Medina  in 622. and marks the start of the Hijri year of the Islamic calendar. in agriculture.”4                                                              1  Al Mawardi.H in Cairo. US: Al Ma'had Al Ilmi Lil Fker Al Islami. and whose father was a searcher for knowledge.  4 3 2  Ghadanfar.27    Prophet (PBUH). (2001). Mohammad (1991). Saudi Arabia: Darussalam. In short. An example is Fatimah Bint Sa’d al-Khayr Al-Ansari al-Andalusi. She started her career in teaching in Damascus and Cairo.Torathona Al Fikre Fe Mizan Al Share’ wa Al Akel.Center of Thesis Deposit . one of her students was Sheikh Al Munthiri Al-Hafith Aldakhem. A. as courageous in war as in peaceful and persuasive propagation of the teaching of Islam. in the courts of Islamic jurisprudence. Al Ahkam Al Sultania (22).   All Rights Reserved . their wisdom and their gentle yet firm strength of character.1 As late as the 11th century C. and was considered one of the Muhaddithoon.H. whom is described by Imam Al Nawawi as:”She was the most intellectual among the learned women”. Riyadh. in trade and in commerce. (163).   Ghazali. The current Islamic Year is 1431 AH.H)2. Great Women in Islam (11). who was born in china in 522 A. there was no sphere that did not benefit from their intellect. in the field of education.

lower to them the wing of humility.Nisa’”. The Holy Qur’an refers to women as a mother. “Thy Lord hath decreed that ye worship none but Him. which means divorce. say not to them a word of contempt. nor repel them. It even ordered Muslims to continue visiting their parents even if they were non-believers. sleepless nights and through the All Rights Reserved . and.2. and the other “Al-Talaq”. and shows how important it is for her children to respect her. It also emphasizes on the fact that the mother goes through so much hardship during her pregnancy as well as breastfeeding. for it considered them to be the main element of society. Whether one or both of them attain old age in thy life. for she was the daughter.Library of University of Jordan . Other examples are “Al-Baqarah” (the Cow). and “Al-Mai’da” (the Feast). which means women. then a wife then a mother who nurtured one generation after another. two of which are directly connected to women. and say: "My Lord! Bestow on them thy Mercy even as they cherished me in childhood. and considers disobeying her as one of the greatest sins “al Kaba’ir”.28    2.3 Women in the Qur’an and Sunnah   The religion of Islam took such good care and consideration towards women.” (Al Isra’ 17:23-24). out of kindness. one under the name “A. but address them in terms of honor. The Holy Qur’an mentions women and their issues in more than ten chapters.Center of Thesis Deposit . and that ye be kind to parents.

Beirut: Dar Al Nafa’is. Allah the Almighty honored women with the mission of being the foundation of society and the main part of constructing a family. As’ad (1997). Acc. nurturing. as well as encompassing all the noble emotions which binds a family together.29    years of bringing up those children. That task includes conceiving. breastfeeding. "Show gratitude to Me and to thy parents: to Me is (thy final) Goal. that of which a man cannot do due to the nature of his creation. Al Mar'a Fe Al‐tareekh wa Al‐Shari'a (124) (Women in History and Shari  ‘a). The perfection of a woman emanates from the fact that she has been assigned with the difficult task of bringing up a future generation. and in years twain was his weaning: (hear the command). He asked again: then whom? The Prophet (PBUH) said once again: Your mother.5971  All Rights Reserved . Finally he asked: then whom? The Prophet (PBUH) replied: then your father. “And We have enjoined on man (to be good) to his parents: in travail upon travail did his mother bear him.  2 1  Narrated by Al‐Bukhari.”2                                                               Al Sahmarani. up bringing and educating a whole society.Center of Thesis Deposit .1 A man came and asked the Prophet (PBUH): who has the right to my company? He replied: your mother. and spreads harmony amongst its members.Library of University of Jordan . He asked again: Then whom? And again He said: Your mother.No.” (Luqman 31:14). resulting in the unity of the whole society.

5996   Narrted by Imam Ahmad bin Hanbal.2104  2 All Rights Reserved . “And among His Signs is that He created for you mates from among yourselves.3   Predicaments of Women in the West:                                                              1   Narrated by Al‐Bukhari. he would put her down next to him. a kind.Library of University of Jordan .No. and then carry her once again when he would rise.30    Islam also honored women as a neighbor. Who is a better example than the Prophet (PBUH). 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. caring and just father. and shows them kindness and is of nice company to them.Center of Thesis Deposit . Acc.” (Al Rum 30:21). In the Holy Qur’an she is described as a part of man. a father of four girls. loving. 2 Finally. daughter and a sister. He treated them well. When he would go down in prostration. 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). both created from the same source and soul. Islam honored women as a wife. 2. Hadith no. then Allah the Almighty shall grant him heaven”.1 The Prophet (PBUH) once said: “He whom ever has two daughters.

Ecuador. Norway. Italy. Russia. Belarus. Peru. Croatia. 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. one is led to believe that women have reached the utmost level of freedom and fulfillment of their rights. Sweden . Iceland. 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. Prostitution is considered to be legal and regulated it several countries such as: Albania. many of whom are forced into prostitution. All Rights Reserved . Austria. and how women of the so called. Ireland. Czech Republic. United Kingdom. it proves to be otherwise. Greece. Netherlands . Hungary.31    Looking at the civilized West. Bulgaria. and women’s right’s advocator Western community live today.Center of Thesis Deposit . Poland. Malta. civilized. Switzerland. Armenia. The reason why women were in need of conferences. Taking a closer look. Spain. conventions and committees defending their rights was due to the fact that their rights were unfulfilled. Finland. But after all this struggle and quest. Romania. Portugal. Denmark. free.Library of University of Jordan . France. Belgium. Cyprus. Germany.

Colombia. 22% preferred those aged 18 or below. some Australian states. New Zealand.Library of University of Jordan .  3 2  http://news. As for prostitutes. First. Those victims are exploited in order to fulfill ones sexual desires for a small amount of money. according to a BBC business report.3 Not only are women exploited.org/wiki/Legality_of_prostitution#Prostitution_legal_and_regulated   The International Organization of Migration: Is an intergovernmental organization established in 1951. not deviating and falling into illegal as well irreligious acts.uk/2/hi/business/4532617. and in a 2003 survey of 185 clients. that of the client when it allowed polygamy.bbc. principles. IOM  is the leading inter‐governmental organization in the field of migration and works closely with  governmental. as well as advising young people to get married at a young age. more than three quarters of them expressed a preference for prostitutes aged 25 or under. In both cases.2 Moreover.co.32    Venezuela. Panama.Center of Thesis Deposit . According to the International Organization of Migration. women                                                              1  http://en. many of the prostitute clients openly admitted to a preference for young persons because they are more obedient. and deprived female societies. morality.wikipedia.  and is committed to the principle that humane and orderly migration benefits migrants and society. along with the hearts and feelings of those misfortunate women and young girls. and religion have died away. Islam. solved this problem from two angles. weak. intergovernmental and non‐governmental partners.stm  All Rights Reserved . some rural counties in the US state of Nevada. in societies were ethics. and Mexico (only in some cities in "toleration zones"). but also young girls. in this case.1 It usually encompasses victims recruited from marginalized.

For instance. a rape is reported about once every five minutes.”1 Islam has a full. London: Routledge.Library of University of Jordan .3% were between 11 and 17                                                              1  Scambler. A. well built structure for the ideal family that deals with all these predicaments. back in 1992. taking the current world’s greatest power. brother or husband. whether her father. concluded that 60% of the women who reported being raped were less than 18 years old: 29. 2) Rape is another significant problem facing the West. (1997). She must not be humiliated or lose her honor for the sake of money. Another statistical fact stated by an American Rape study conducted by the National Victim Center in the United States. Any male relative in their family must do so for them. and needing money.3% were less than 11 years old 32.  All Rights Reserved . According to the Federal Bureau of Investigation (FBI). Women must not fend for themselves. as an example. the statistics are horrifying.Center of Thesis Deposit . poverty or emotional need. having grown up without love from the significant adults in their lives.33    seem to fall into the trap of either economic necessitates. the United States. Rethinking Prostitution: Purchasing Sex in the 1990s (7). Some prostitutes’ explanation for becoming involved in prostitution include: “having a history of sexual abuse.

1% were older than 29 3.edu/ohe/library/violence/statistics. i.htm  All Rights Reserved . It does not include cases of rape which are not recorded.0% age was not available1 Following is a table showing a list that indicates the number of.Library of University of Jordan . It is obvious that the rate of rape in countries in the West.upenn.1% were between 25 and 29 6.e.2% were between 18 and 24 7.Center of Thesis Deposit . and per capita cases of recorded rape on an international basis.34    22.                                                              1  http://www.vpul. Europe and the United States happen to be much higher than that of the Muslim countries mentioned.

395 95.44 26.136 United Kingdom 10.48 77.36 9.27 24.615 1. 1 Country 2001 Count 2002 Count 2001 Rate / 100.350 8.64 0.58 21.601 USA 90.000 1.044 7.863                                                              1  United Nations Office on Drugs and Crime.891 840 47 2.Library of University of Jordan .43 0.85 2002 Rate / 100.000 1.47 3.88 0.084 338 45 39 24.22 23.Center of Thesis Deposit .64 10.184 306 13.62 32.51 77.35    Figure 1: This list indicates the number of.63 0. Division for Policy Analysis and Public Affairs 2001‐2002  All Rights Reserved .43 3.059 59 2.13 22.49 17. and per capita cases of recorded rape in several countries.99 Albania Azerbaijan Canada Germany New Zealand Saudi Arabia Sweden Tunisia 51 41 24.95 31.

which are STI’s. gonorrhoea. have occurred throughout the world ages ranging between 15-49 years. chlamydia and trichomoniasis. long term disability and death.Center of Thesis Deposit violence committed against women all leads to what is called: “Sexually . the STI diseases are a major global cause of acute illness. infertility. WHO estimated that 340 million new cases of syphilis. with severe medical and psychological consequences for millions. Figure 2: Estimated prevalence and annual incidence of  Curable STIs by region  All Rights Reserved .Library of University of Jordan . rape and Transmitted Infections” (STIs).36    3) Another dilemma of women in the West is that prostitution. According to the World Health Organization (WHO).

Center of Thesis Deposit The health of women is deteriorating and instead of rising and having a better life . the feminist movements and the alike.Library of University of Jordan . a time that coincided with the so called liberation movements of women and equal status. equality has reached the definition of women resembling men! This has led to loss of identity. for every 7 men who were mentally ill. there were 2 women with the same diagnoses. since women have to cope and handle the fact that many of them have become the woman and the man of the house.1 It is quite obvious that women are under much more pressure preceding the equal rights movements. For example. illustrates that in the United States and prior the year 1950. morals. values. with no actual beneficial party except satin. the psychological health of women differed sharply post the 1950’s. But after the 1950’s. ethics and deviation from the natural being. the suffering of women is becoming more.                                                              1  Patel.37    that of which the liberations of the West are calling for. London: Ta‐Ha Publisher Ltd. Hence. and the essence of creation. Islam the Choice of Thinking Women (26).  All Rights Reserved . A report by B P Dohrenwend in the “American Journal of Sociology”. the ratio changed to 22 women for every 2 women. Ismail Adam (1997).

article 5 (a) from the convention which calls for ending any discriminatory acts referred to as traditional. For example.1 Article 6 as well is in support of women that are forced to work illegally in trafficking and prostitution for their survival. “To modify the social and cultural patterns of conduct of men and women. “States Parties shall take all appropriate measures.38    3 3.Library of University of Jordan .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.2                                                              1  http://www. including legislation.org/womenwatch/daw/cedaw/text/econvention. to suppress all forms of traffic in women and exploitation of prostitution of women”.htm   Ibid  2 All Rights Reserved . as well as any other related behaviors that are based on being the “weaker sex” or the superiority of one sex over the other.un.Center of Thesis Deposit Opposing Islam . 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”.

and giving her financial as well as legal rights. 3. where men and women must be paid equally for the same amount of work done. on the social basis and observing her as a part of a family. They are simply not identical but complement each other. Seeing her as a human-being. articles 10 and 11. Men and women in Islam represent two components of one source. As previously mentioned in chapter two.2 An analytical Discussion on Some of the Articles that Oppose the Islamic Religion All Rights Reserved . those of which are determined because of the different physical composition of each. 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.Center of Thesis Deposit . What makes this convention so controversial in the Islamic World.Library of University of Jordan . They have equal rights and obligations in all fields of life in terms of having duties as well as having rights. Islam gave women their full rights in all fields of life.39    Moreover. They differ in the tasks and duties they perform. they should not simply compete but complement each other in the social structure. call for equal rights in education as well as in the field of employment.

role of specialized agencies. effect on other treaties. corruption of their bodies and health. mind. human soul. by ensuring their establishment and then by preserving them. the human soul and linage. Yusuf Ahmad Muhammad (2000). It will result in disappearance of religion.40    The convention is composed of 30 articles.  Jordan: Dar al Nfai’s Le Ansshir wa Tawzee’.  1 All Rights Reserved . lineage. if those necessities are not fulfilled and were eliminated from the life of humanity. of which 16 address women and their rights. and administration of the Convention. The remaining 14 articles are concerned with the committee on the Elimination of Discrimination Against Women. this shall lead to its misery in this life and the next. However. and the destruction of it linage. Those necessities ensure the reproduction of individuals and the welfare of this life and the hereafter. which are the preservation of religion. The Necessities of Shari ‘a According to Ibn Taymyah (445).                                                               Al Badawi. rules of procedure. committee meetings and reports. this study will handle three of those necessities which relate to the CEDAW convention.1 The Shari’a protects these necessities in two ways.Center of Thesis Deposit . then referring to the necessities of Islamic Shari’a. national reports. commitment of States Parties. Initiating with the Qur’an and Sunnah.Library of University of Jordan . Furthermore. The analysis of those articles will be based on Islamic fundamentals. and wealth. which are religion.

Punitive laws were put in placed in order to ensure the preservation of lineage and the continuation of human life.41    • To guarantee the establishment of religion. then it is heading in that direction. So many people are already losing their religion in the West. hence the first necessity deems neglected and unconcerned for. healthy eating and living. Religion is preserved through the complete belief in the Lord you worship. To ensure its preservation. CEDAW has no mention about religion or tradition.shtml  All Rights Reserved .bbc.1 First of all. following his commands.uk/religion/religions/islam/beliefs/sharia_2.                                                              1  http://www. • Marriage was legislated for the preservation of lineage. Allah the Almighty made belief concerning to the obligation of learning and spreading the religion were legislated. and sex outside marriage was forbidden. whether Muslim or not. the rulings . if the Muslim world adheres to CEDAW. avoiding what has been prohibited in his uncorrupted Holy books. • To guarantee the preservation of the human soul.Library of University of Jordan .Center of Thesis Deposit and worship obligatory upon every Muslim. Allah the Almighty legislated marriage. and forbid killing by laying down a sentence for such an act as well as any action that causes harm to the human soul.co.

differing in intensity.wikipedia.2                                                              1  http://en. 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. 52% of European Union citizens responded that "they believe there is a God". God.Library of University of Jordan .org/wiki/Demographics_of_atheism   Ibid  2 All Rights Reserved . nor life force". The highlighted areas show the percentage of people who are atheists.Center of Thesis Deposit . Figure 3: The percentage of people in European countries who said in 2005 that they believe there is a  God1 “According to the most recent relevant Eurostat Eurobarometer poll. in 2005.42    The following is just an example of the number of people in Europe who are atheists and do not believe in God.

  San Francisco: Encounter Books.”1 Finally. The Long March. deviation from the essence of creation. How then will teenage girls prove that her                                                              Kimball. preventing spread of disease and forbidding the spread of chaos. Islam prohibits such relationships outside the boundaries of marriage for several reasons. including the permission of sexual intercourse.  1 All Rights Reserved . it had become a social norm. Roger (2000) The Long March: How the Cultural Revolution of the 1960s Changed America (147). descending to lesser levels than humans. by the late Sixties. What had been a fringe phenomenon became an established fashion. CEDAW allows relationships between male and female outside the boundaries of marriage. the preservation of the lineage.43    The second necessity is the preservation of the human soul. and that is the same sex marriage and abortion. This was due partly to the perfection of the birth control pill and other reliable forms of contraception. CEDAW allows what has been prohibited in the religion of Islam.Library of University of Jordan . author Roger Kimball observed that: “In the 1960s sexual liberation suddenly became an everyday fact of middle-class life. For such acts lead to blood mixing. In his book.Center of Thesis Deposit . 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 doesn’t announce any punishment towards women who practice abortion for the sake of family planning or merely killing an infant.

pdf  All Rights Reserved .44    male partner is the father of her child. except after applying for a parental testing. for conducting such a test is expensive. Alleged Father  Alleged Parent. The Necessities of Shari ‘a. West Virginia. In his book. hence. Following is an example of a table taken from the Marshall University. in the United States which is a public research university in Huntington.Center of Thesis Deposit . al Badawi explains how Ibn Taymiyyah lists points on how to                                                              1  http://forensics. Child. An act that is degrading. and she will need to take her partner to court. Child  Each Additional Child/Alleged Parent  Individual DNA Profile  $550  $550  $175  $200  Individual DNA Profile with Frame‐able Certificate $230  Forensic Paternity Case  Expert Witness Testimony  $750  $1200+expnesses  CEDAW gives women full control over their bodies.edu/MUFSC/PDFs‐Pubs/Info‐Parentage. and that deems costly. affecting the preservation of linage.Library of University of Jordan . and by using a sophisticated test such as DNA. exposing oneself. Listed are the prices for DNA analysis for parentage testing: Figure 4: Cost of DNA Parentage Testing1 Mother.marshall. to the extent of allowing them to commit adultery.

as well as paying attention to the upbringing of ones children even till they become adults.Library of University of Jordan . the Islamic necessities.45    preserve the linage. c. or have rights that                                                               Al‐ Badawi.1 Hence.Center of Thesis Deposit . Maqasid Al‐Shari'a Ind Ibn Taymieh ((476) (The Necessities of Shari  ‘a According to Ibn Taymieh). the Hadith.  1 All Rights Reserved . sharia’ and law. 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. one of which is prohibiting the mixing between males and females. Jordan: Dar Al Nafai’s. that of which is coeducation and giving freedom to the unquestioned free-will youth. are analyzed with what is controversial and in disagreement to the Islamic religion. Those 7 articles and their sections. whether the Holy Qur’an. and g. the fundamentals of Islam. Yusuf Mohammad (2000). Those two acts have been encouraged by CEDAW.

have shared responsibilities. for a reason.Library of University of Jordan . Male and females’ acts of worship are similar. of human rights and fundamental freedoms in the political. and a woman does not wish to be a All Rights Reserved . In the Holy Qur’an. then the Creator would have had only made one gender.e. exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition.46    have already been granted to women more than 1400 years ago. not haphazardly. i. and to women what they earn: But ask Allah of His bounty” (Al Nisa’ 4:32). Islam does not discriminate between genders. the term "discrimination against women" shall mean any distinction. 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.” Firstly. prior any convention. • Article 1: “For the purposes of the present Convention. on a basis of equality of men and women. irrespective of their marital status. economic. and the effort put in is equal. Allah created genders. social. civil or any other field. enjoyment or exercise by women. male and female. cultural. A man does not wish to be a woman.Center of Thesis Deposit . each is committed to certain duties in life and assigned with different responsibilities. For if this was not a fact.

  All Rights Reserved . all for a purpose. because it takes into consideration her delicateness and physical creation. On the contrary.2 Islam respects and honors women.  2 1  Al Shwkani (1999). Riyadh: Maktabat Al‐Rashid. Islam looks at this matter from a different angle. Edited by: Ahmad Al Zuobi. Moreover.1 Allah the Almighty bans human beings to desire and wish for what others have. animals or plants. wise judgment and prudence.47    man. nor with the physical and emotional weakness that the women undergo. Allah the Almighty created genders in all living things. Tafsir Fateh Al Qadeer. for women tend to feel weak during their menstruation. this is clearly evident in the fact that women are granted permission not to perform certain religious duties such as fasting.Library of University of Jordan . Muhammad Mitwali (2000). Makant Al Mar’a Fe Al Islam (11). the west is not concerned with this privacy. for this means objection as well as being ungrateful on Allah the Almighty’s distribution of wealth. It requested men to look after her during those situations and support her. Beirut: Dar al Kalam. It all comes under his will. It even prohibits divorce to take place during women’s menstrual period. 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. (The position of Woman in  Islam). 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                                                               Al Sh’rawi.Center of Thesis Deposit . whether human beings.

Allah the created a pair of every single thing. Cairo: Al MAtba’a Al  Maymanyah. their husbands have the right to have control over them. “And of every thing We have created pairs: That ye may receive instruction” (Al Thariyat 51:49).  2 All Rights Reserved . each a partner of another. when women get married. on the contrary it is for the sake of the protection of women. spiritual and mental differences and roles.2 The phrase “irrespective of their marital status” arouses another point.”1 Hence. Each having its own characteristic not found in its other pair. Allah the Almighty says: “Men are the protectors and maintainers of women. and that is not for the mere reason of being a male or for superiority. social. because Allah has given one more (strength) than the other.                                                              1  Narrated by  Al Nisa’i. In Islam. Islam was the only religion that differentiated between men and women for their favor and the wellbeing of both.48    handle me a vessel from which I used to drink during my menstruation. and that is why Allah said “pairs”.366   Al Tabari. Abu J’afar (1911).Library of University of Jordan . then drink. biological. Hadith No. Then the Prophet (PBUH) used to take the same vessel and put his mouth where I put mine. as it paid significant attention to the physical. Tafsir Al Tabari: Jame’ Al Bayan fe Tafsir Al Qur’an. only capable of heating and is unable of cooling. and is not capable of heating. such as the fire. The ice on the other hand is created for freezing.Center of Thesis Deposit . In the Holy Qur’an.

 Abu Baker. and intellect to                                                              1  Ibn Al‐Araby. The same applies to the institution of marriage.2 The husband and wife are like a president and a vicepresident. (Muslim Women Between Islamic Shari’a and the Misleading West). the outcome is a shared decision. When dispute arouses. Hence this presidency comes under the term.Center of Thesis Deposit . they complement each other. And that is so for men must “free women from the burden of having to earn a living. discussion and negotiations take place. (The Laws of the Qur’an).1 Every institution on earth has a president and a head chief. and she must be obedient”. Beirut: Mo’asasat AL  Ryyan. Ahkam Al Qur’an (415). Beirut: Dar Al Fiker. energy. According to Ibn Al-Araby. Fida Abdul Razzak (1999). and guard in (the husband's) absence what Allah would have them guard” (Al Nisa’ 4:34). “Qawamah” in Islam and connotes that men are the protectors and providers of women who have been created for the purpose of motherhood. Hence. “Qawamah” means: “A husband is a guardian over his wife. establish a family together and raise their children together.Library of University of Jordan . respectively. Al Mar’a Al Muslima Bayna Al Shari ‘a Al Islamiyah wa al Adaleel Al  Garbiyah (82). he is responsible for her and for her wellbeing. and then just like any other institution. Therefore the righteous women are devoutly obedient. the vice-president tries to prove his point. but the last word is that of which goes in accordance with the religion of Islam.   Al Qaseer.49    and because they support them from their means. thereby facilitating her devotion of time.  2 All Rights Reserved . the person in charge of making final decisions the comply with the Islamic shari’a.

Islam gave man authority over woman for her own protection and wellbeing. (12). and are unaffected with. and committed Muslim children”.a situation unheard of in many societies until modern times.Library of University of Jordan . Alexandria: Dar Al Jamia’ Al Jadida. New York: Oxford University Press. agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and. According to Islamic law women can own. Freeing women from the responsibilities of fending for a family is but a blessing and respiration. Hassan Salah Al Sghayar (2004). undertake: a. men and women have equal economic rights. Thus. sell and undertake any financial transaction without the need for guardianship.   AbdAllah. (◌The  ِ Fiqiah Approach towards the Husband’s Qiwamah). intelligent. Amina (1999).Center of Thesis Deposit .50    the sound raising of healthy. to this end.2 It is of great importance to mention here that women are equally qualified and allowed to engage in financial dealings and property ownership. Women undergo certain physical and emotional changes.1 Thus. Qur’an and Women (P73). and without any restrictions or limitations . Al Jawaneb Al Fiqhiya Lil Qiwamah Al Zawjiyah. • Article 2: “States Parties condemn discrimination against women in all its forms.  2 All Rights Reserved . which men do not undergo. buy. 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                                                              1  Wadud.

thereupon. For example. and confused when asked to witness.Center of Thesis Deposit . the practical realization of this principle. But to clarify this misconception. two women and a man. might be considered as a sort of discrimination. they have a tendency to be preoccupied with such matters. in Islam as well as in the Jordanian Law of Personal Status does not allow marriage to take place unless there are two witnesses. This. women tend to forget more than men since they are busy with their daily life. the household. The word “embody” connotes that the state member will have to mold its laws and constitution to what complies with the convention. and sometimes forgetful.51    ensure. on an occasion when being requested by the law to prove that someone is innocent or guilty. their children and looking after a family. there are several given reasons for this. disinterested with things that do not matter. any country that signs the convention is subject to this article. In Islam. All Rights Reserved . Hence. the law.” Spontaneously. through law and other appropriate means. either two men.Library of University of Jordan . or. or during a testimony and so on. First. one male witness is equal to two female witnesses. constitution and jurisprudence must correspond to the convention. according to CEDAW.

and desire chastity. sprouts from the Islamic law of Sharia’ and is applied in the Jordanian Law of Personal Status. What Everyone Needs to Know about Islam (75‐76).when ye give them their due dowers. Abu Hamid.Center of Thesis Deposit . (1984). Cairo: Maktabat Al Qur’an. 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.  2 All Rights Reserved . it is forbidden for a man to marry a woman that is not from the “People of the Book”. (Lawful unto you in marriage) are (not only) chaste women who are believers. It is all just a matter of how each are created to suite their role in life. John L (2002). received scriptures which were revealed to them by God before the time of Muhammad. but chaste women among the People of the Book. the non-Muslim peoples who. according to the Qur'an.. (Al Mai’da 5:5). and this is the nature of their creation. when their judgment is based on their emotions not on rationality.52    Secondly.2 According to CEDAW.Library of University of Jordan . revealed before your time. (The Book of Marriage). The food of the People of the Book is lawful unto you and yours is lawful unto them. this is unheard of. women tend to be more emotional than men. Kitab Al Nikah (43). who are “In Islam. Moreover. Such a decree. US: Oxford University Press. most notably Christians and Jews.   Al Ghazali.”1 Allah the Almighty says in the Holy Qur’an: “This day are (all) things good and pure made lawful unto you. in Islam. This was spoken out loud in the United Concluding Comments of the Committee on the Elimination of                                                              1  Esposito. not lewdness”.

amend provisions of its Personal Status Act to give women equal rights with men in matters of marriage. shall be the reason to demolish the Islamic Society or the little of Islam. This is a crucial matter. customs and practices which constitute discrimination against women. amend its nationality law to allow. to modify or abolish existing laws. for religious reasons. law. culture. Hence. and the minds of people whom adhere to this convention. the Islamic jurisprudence concerning women deem invalid. For those whom were responsible for drafting the CEDAW convention.”1 This also applies to article 2 (f): “(f) To take all appropriate measures.” This is a clear cut that the convention endeavourers to change the rules.                                                               Concluding comments of the Committee on the Elimination of Discrimination against Women: 10 August  2007 (2)  1 All Rights Reserved .53    Discrimination Against Women: Jordan. for political reasons. “The Committee is concerned about the State party’s assertion that it cannot. some countries have left. those of which spring from religion and tradition. did not take into account the entity of religion. or culture. regulations. tradition. cancelling the religion of Islam from the life. regulations and law of a country.Library of University of Jordan .Center of Thesis Deposit . divorce and custody of children. including legislation. 10 August 2007. constitution.

in the Jordanian Law of Personal Status. which is linked to sharia’ and some of its laws spring from Islam. Hadith no. a marriage does not take place unless a girl has a guardian (Waly). The Prophet (PBUH) said. a female is not allowed to get married unless with a guardian “Waly”.Center of Thesis Deposit . the less risk there will for it collapse afterwards. who is in the position of her father. Consequently. because women need guidance and help in a decision she has made for a lifetime.54    For example. "Whichever woman gets married without the approval of her ‘Waly’. When haste and care is given to establish a good marriage. Furthermore. will be alerted since it does not comply with CEDAW convention.1 This is so. In Islam. What a better advice than a father who has much more experience in life and is farsighted. Article 5: “States Parties shall take all appropriate measures:                                                              1  Narrated by abu Dawoud. brother or even her uncle.2085  All Rights Reserved . her marriage is abolished. the “Wali” makes sure that all her rights are reserved. and said this three times". which according to CEDAW is inapplicable. are protected and granted. in the case of the Jordanian Law of Personal Status.Library of University of Jordan .

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. this will surely affect their physical and mental capabilities of producing. Meaning that a woman is not necessarily a female. When the role of motherhood is no longer fulfilled. a mother. which is the preservation of the lineage.Library of University of Jordan . One of the main objectives of life is marriage and that is for the                                                              1  Narrated by Ayesha. or a housekeeper. Those roles do not commit them into acting a certain way on the mere ground of being a certain sex! Once again. The Prophet (PBUH) also said. a person responsible for a home and a guardian.” When highlighting the word “Pattern”. Nor is a man necessarily a male. Acc. No. 6807 (Sahih Al Jame’)  All Rights Reserved . this means a threat to one of the five necessities of Islam. a father. then who shall be responsible for producing children? If women leave their homes and start fending for their families or for themselves.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. a conserver.Center of Thesis Deposit with a view to achieving the elimination of prejudices and customary and all other . "Marriage is my Sunnah whoever has the means to marry but refused to marry is not one of us"1.

fitting into each other as a garment fits the body. Islam sees men and women as each other's garments “your wives.1 Thus.56    reason of preservation and continuation of the human race.  (Women’s Issues between Internal and Foreign Traditions). This emphasizes their sameness. they are of mutual support. They are your garments and you are their garments” (Al Bakara 2:187). and such an objective is encouraged by instinct. i. Qadayah Al‐Mara’ Bayan Al Taqaleed Al‐Rakeda wa Al‐Wafedah (102). it is recommended for those who want to marry to choose their partners very well. something much more magnificent than legal equality.                                                               Al Ghazali.. with children whom behold the aim of spreading the word of Allah. mutual comfort. Men and women were created from one same source but with different distinctiveness. Spouses complete each other. Therefore. Islam perceives marriage as a sort of worship. when two people create a well established Islamic institution. and body to fulfill a certain role conferred to each. their oneness.  1 All Rights Reserved . and mutual protection. soul. The husband and the wife are described as each other's clothing. Cairo:  Dar Al Shoroq. Mohammad (1990). Through marriage a Muslim can find his soul mate. characterizing them as two individual beings in this life having a different mind.Library of University of Jordan .e.Center of Thesis Deposit . not one as the garment and the other the body.

  2 1  Abadi.Center of Thesis Deposit . This relationship also protects the morals and without this shield one is exposed to the dangers of prohibited carnality. (The rights of the Husband and Wife). it protected society from corruption and degradation. Huquq Al Zawjayeen (21‐22). Abu Al A’la (1985). Aoun Al Ma’boud (39‐41). comfort. mentioned in the book “Aoun al Ma’boud fe Shareh Sunan Abu Dawoud” the explanation of the Hadith. corruption and confusion of the linage. Abu Al Tayeb (1979).  Jeddah: Al Dar Al Soudia.Library of University of Jordan .2 People must understand that the Husband-wife relationship is not merely a practical relationship. The spouses are protectors and guardians of each other. marriage is a partnership between two persons whom find support. Islam encouraged marriage for the reason of preserving the human kind. As well as protecting society from deterioration.1 Finally. one of the five necessities mentioned previously. it is to preserve the lineage. Firstly. it is to protect the ethics and morals of a society. Islam encouraged marriage. and the Islamic Ummah. It is a spiritual                                                               Mawdodi. and peace in one another. Beirut: Dar Al Fiker. and made marriage a lawful relationship. “those of you who are capable of getting married must do so. When Islam prohibited adultery. When analyzing the reason of marriage.  All Rights Reserved . serenity. several points arouse.57    Dress is something that covers the body and protects it. if not then they are advised to fast”. Secondly.

mentality and physic. it sustains and generates love. kindness. and special capabilities. this convention aims at rearranging and restructuring the conventional role and image of the traditional family in society. and mental dissimilarity. 5885  All Rights Reserved . When eliminating this fact and trying to manipulate with the natural creation. mutual confidence. personalities. biological. It is important to understand that men and women have different character. physical. emotional and spiritual companionship. It is to attain psychological. abilities. Accordingly.1                                                              1  Narrated by Al‐Bukhari. mercy. compassion. Allah the Almighty created two sexes and gave each its character. it also sets rules and regulations that prevent it from going a stray and producing illegitimate offspring and unwanted children. in order to be assigned for a certain role in life. a woman can exchange roles with a man and vice versa and fill in the same vocation. this means changing the divine law and the whole essence of the human nature. This is against the law of the universe and the law of nature. self-sacrifice.Center of Thesis Deposit . It is the divine law that organized the desire that arise in both female and male towards each other. Therefore.58    relationship. comfort and support. No.Library of University of Jordan . Ibn Abbas said: “The Prophet (PBUH) cursed men who act like women and women who act like men”. Acc.

all this paving the way for her to reach the highest level of heaven. regardless of the gender can take part in the process of socializing and bringing up a family. 1                                                               Z’abalawi.Library of University of Jordan . and any other member of society.Center of Thesis Deposit . Mohmmad Al Sayed (1998). Riyadh: Maktabat Al Tawoubah. this convention does not envisage the female as a person responsible for giving birth. and caring for them. All this will allow her to fulfill and deliver her message as a mother. For a family could have parents from the same gender. a housewife for her husband. since she will carry the duty of raising a generation on her shoulders. Islam on the other hand.  1 All Rights Reserved .” Once again. looking after children. providing them with their needs and education as well as teaching them their religion and sciences. The Prophet (PBUH) ordered Muslims to look after their daughters. (Maternity in the  Holy Qur’an and Sunnah). it being understood that the interest of the children is the primordial consideration in all cases. It considers motherhood as a social function not a biological attribute.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. Al Umumah fe Al Qur’an wa Al Sunnah (14‐15). prepares women from a very young age to embrace this great responsibility.

He is responsible for fending for his wife and kids. but men have a degree (of advantage) over them. Every man is a shepherd and is a sponsor to his family. is responsible for raising her children while the father is away. It considers it the responsibility equal upon both the father and mother in the up bringing and care given to children. as well as a social obligation. acc. Wise. And Allah is Exalted in Power. It is just a matter of each parent bearing the suitable role that agrees with their purpose of creation. Every woman is the custodian of her husband’s house and his children.Center of Thesis Deposit .No. Islam gave children their full rights prior to any other convention. i. As Muslims. Abdullah ibn Masud (May Allah be pleased with him) narrated that he heard the Prophet (PBUH) say: “Each one of you is responsible. as well. according to what is equitable.e.”1 Allah the Almighty created two beings from one source and assigned each with a certain duty and responsibility. In his tafser. and each one of you will be asked about (and responsible for) his subjects.  All Rights Reserved .5200. Islam envisions the role of maternity as a biological.60    Thus. raising children is considered a partnership between mother and father. “And women shall have rights similar to the rights against them.” (Al Baqarah 2:227). The wife. his family.Library of University of Jordan . Thus each one of you is a shepherd and each one will be asked about his flock. A ruler is responsible and he will be asked about his subjects. The father is the head of the family. Al                                                              1  Narrated by Al‐Bukhari.

the responsibilities and the obligations are distributed fairly. and tendency in treatment.61    Sh’arawi explains this verse as follows: “every husband and wife has rights and has obligations assigned to them by their nature and creation. The wife on the other hand is responsible is considered the guardian of her house. Males have been assigned with responsibilities according to the nature of their creation. as well as provide a proper house.Center of Thesis Deposit . in order that ye may make a gain in the goods of this life. is obliged to work hard and fend for his family. Hence. He on the one hand. Tafseer Al Sha’rawi (P 985‐986). But if anyone compels them. and settle in with his wife and children.1 • Article 6: “States Parties shall take all appropriate measures. it fought against trafficking and abusing women as well as prostitution.” When Islam appeared in the Arabian Peninsula.Library of University of Jordan . after such                                                              1  Al Sha’rawi. showing him love. Mohmmad Mitwali (1991). yet. and the same applies to the females. This is evident in the Holy Qur’an: “But force not your maids to prostitution when they desire chastity.  All Rights Reserved . companionship. to suppress all forms of traffic in women and exploitation of prostitution of women. preparing for her husband to settle in. for one is assigned with a duty as well as obliged to fulfill the right of his/her spouse. where he retreats too after a long day of working. Cairo: Akhbar Al Yauom. including legislation.

For example. Most Merciful (to them). in the US. It is also considered one of the largest industries of the West. Oft-Forgiving. Ismail Adam (1997). 3029   Patel. The rapid growth of the industry pornography since the 1950’s is parallel to the so cold “equality” trends in the West. It was in the connection that Allah the Almighty revealed the above verse of the Holy Qur’an. on equal terms with men and without any discrimination. Article 8: • “States Parties shall take all appropriate measures to ensure to women.Library of University of Jordan . is Allah. Jabir reported that Abdullah bin Ubayy bin Saloul used to say to his slave-girl: Go and fetch something for us by committing prostitution.  2 All Rights Reserved . London: Ta‐Ha Publisher Ltd. it is obvious that women are being exploited in prostitution and trafficking even in developed countries.”( Al Nur 24: 33). No. it generates over 500£ million a year. this industry generates about 1$ million dollars a day.1 Glancing at the world in general.62    compulsion. Pornography is another sort of trafficking and exploitation of women. where women are made to believe that they are equal to men when selling their bodies and losing honor. the opportunity to represent their                                                              1  Narrated by Muslim.2 This is the state of women in the so called Western civilization. Acc. In Britain. Islam the Choice of Thinking Women (28).Center of Thesis Deposit .

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.”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. as well as her own personal security. on a basis of equality of men and women: (a) The same conditions for career and vocational guidance. this equality shall be ensured in pre-                                                              1  http://www.org/womenwatch/daw/cedaw/text/econvention. 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.Center of Thesis Deposit . in an immense and obvious manner. then Islam forbids this for the wellbeing of the family. for access to studies and for the achievement of diplomas in educational establishments of all categories in rural as well as in urban areas.63    Governments at the international level and to participate in the work of international organizations.Library of University of Jordan .un.htm  All Rights Reserved .

2 Thus. Al‐'Uqood ad‐Durroyyah min Manaaqib Shaykhul‐Islaam Ahmad Ibn  Taymiyyah (2). who received his knowledge from a number of female scholars. No. have had a great role in spreading the religion of Islam and in obtaining knowledge. Some well reputed sheikh’s (scholars) of Islam such as Ibn Taymeh. how women during the time of the Prophet (PBUH) as well as post his death.3 It has been previously mentioned in this paper.                                                              1  Narrated by Ibn Majah.144   Narrated by Al‐Bukhari Acc. Muhammad (1975).  3 All Rights Reserved . No.Center of Thesis Deposit . general. just to get one single Hadith from a narrator and to ensure the chain of narrators is valid. education was considered in Islam as an obligation much before conventions were written.64    school.”1 It is well known that preservers of Hadith would travel for months to distant places. technical.” 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. Beirut: Dar Al kutub Al Ilmiyah.71  2  Ibn Al Maqdisi.Library of University of Jordan . Acc. professional and higher technical education. as well as in all types of vocational training. The Prophet (PBUH) also said: "Whoever Allah the Almighty wishes well for. He will make him comprehend and well educated in religion".

state.65    With reference to section “a” in article 10.idahoe‐campus.html   http://en. when defining vocational training as.Library of University of Jordan .id. are not appropriate for her to handle. drainage. or as a carpenter. For example. heating. Therefore.wikipedia. She is unable to work as a builder or a construction worker.Center of Thesis Deposit .”3 Those are just a few examples of vocations which due to the biological and physical structure of a woman.us/tools/glossary. “Courses in which a learner studies a specific trade or occupation”1 one must pay attention to the fact that some vocations do not suit women. a woman can not work as a mechanic. Those occupations and according to their definition are described as: “generally involve significant manual labor and work outdoors.” A plumber is another job that contains  “installing and maintaining systems used for plumbing. Islam gave females dignity and honor by declaring the fact that they differ from men and stating the reason of their creation. particularly in rough carpentry”2. it assigned her with a                                                              1  http://www. She can not occupy the job of a “Bricklayer who lays bricks to and construct brickwork.org/wiki/Construction_worker   Ibid  2 3 All Rights Reserved . potable (drinking) water or small-sized industrial process plant piping.

Ibn Abbas reported that the Prophet (PBUH) cursed men who act effeminate and women who act like men. “Say to the believing men that they should                                                               Al Amele. Islam tries to hinder anything that might pave the way for committing a sin and the forbidden. since they have not been created for this sort of work or any other masculine profession. (The Blessing of Hijab in Islam).  2 1  Narrated by Al‐Bukhari. and went against everything that hinders it.Library of University of Jordan .66    certain mission in life. it ordered Muslim men and women to lower their gaze and not look into to each other’s eye. For example.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. Ali (1988). No. and said. all for her own good and for the wellbeing of society and mankind. “Expel them from your houses”. Ni’mat Al Hijab Fe Al Islam (146). in particular.” Coeducation is unaccepted in Islam especially in the years post puberty. Acc. 5886  All Rights Reserved .Center of Thesis Deposit . by the revision of textbooks and school programs and the adaptation of teaching methods. Beirut: Al Dar Al  Islamiah.1 So the equality mentioned in this article is but injustice committed towards women.

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. cause the innocent students to fall prey to the deadly predator of sexual impurity. 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.”1 According to The National Association for Single Sex Public Education. Thus. since children begin to have certain desires due to physiological changes.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.net/servlet/Satellite?pagename=IslamOnline‐English‐ Ask_Scholar/FatwaE/FatwaE&cid=1119503545080  1 All Rights Reserved . the number of public schools offering single-sex classrooms rose from 11 in 2002 to 514 in                                                               http://www. Curiosity plays its role well in this regard.” (Al Nur 24:30).Center of Thesis Deposit . The students are completely exposed to the opposite sex. on the contrary. as well as in anything that stimulates any sort of sin.islamonline. coeducation in schools during the period of adolescence is considered a threat. “the tremendous loss caused by co-education is moral degeneration.Library of University of Jordan . Muslims must be very cautious in handling that period of a schoolchild’s life. Coeducation does not have any positive side to it.

 (April 8.  3 2 All Rights Reserved . The women’s right to education                                                              1 Australian Bureau of Statistics   National Association for the Advancement of Single Sex Public Education. Coed: The  Evidence. The results were that the boys and girls in the coeducation classes scored between 37% . Girls who attend single-sex schools are capable of speaking more freely in class and are more likely to major in math and science. since it offers the promise that education can transform the future of girls. But."3 Islam has guaranteed the right of education for both males and females and has considered it an obligation upon every Muslim.  The Christian Science Monitor. Zittleman. “Single‐sex Schools: A Good Idea Gone Wrong?” (9).2 Two researchers working at an American university. (2007).    David Sadker & Karen R. the boys and the girls in single-sex classes scored between 75% . and the most encouraging thing is that they are more likely to attend college or graduate.59%. Students in the fourth grade attended classes that were either coeducation or single-sex.Center of Thesis Deposit . "There were anecdotal reports that the girls enjoyed being in an environment free of sexual harassment and classroom interruptions. conducted studies on the single-sex American education system and concluded that single-sex education was an advantage.Library of University of Jordan . 2004). Single‐Sex vs.86%.1 Another example on how the West is now adopting Islamic single-sex education is a study that was conducted in the US.68    2008.

 (Teenagers mixing and its Affect on Their Social Skills). (2000). it is an indisputable fact amongst the educators that there are several negatives points for coeducation. on a basis of equality of men and women. Scientifically speaking. UAE: Dar Al Kitab Al Jami’. The Educational System In Islam(30). B. in particular: (a) The right to family benefits. Muna Abu Baker (2005). addressed to every Muslim. it is obligatory upon every man to fend for his family.Center of Thesis Deposit . Ikhtelat Al Murahiqeen wa Atharuhu fe Maharatihim Al Ijtima'yah  (43). both girls and boys differ in the speed of intelligence. mental health and absorption of information. It is worth mentioning here that the first word and verse of the Holy Qur’an revealed to the Prophet (PBUH) was “Read” (Al‘Alak 96:1) .Library of University of Jordan . Qom: Ansariyan.69    recognized from the early days of Islam. female and male alike.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. This comes under the                                                              1  Qurashi. Boys and girls tend to focus on each other rather on their studies. a fact that hinders in the course of learning.   Zaytoon. the same rights.  2 All Rights Reserved . First of all.” Islam dealt with the matter of economic rights of women comprehensively. S.1 Thus.

” (Al Mulk 67:15). Abu Al A’la (1985). The Ideal Islamic Society (185). and seek of the Bounty of Allah. and that Allah the Almighty says in the Holy Qur’an: “And when the Prayer is finished.   Al Hashimi. so traverse ye through its tracts and enjoy of the Sustenance which He furnishes: but unto Him is the Resurrection. and celebrate the Praises of Allah often (and without stint): that ye may                                                              1  Mawdodi. he is requested by law to perform it. then may ye disperse through the land.1 Man is expected to work “It is He Who has made the earth manageable for you. and if not accomplished then the marriage will no longer be valid.70    term “Qawamah”. If a husband abstains from this duty. claiming that they were busy worshiping and only having faith in Allah the Almighty for their demands. Riyadh: International Islamic Publishing  House.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.Library of University of Jordan .  2 All Rights Reserved .Center of Thesis Deposit . and signifies that the husband is a guardian over his wife. The rights of the Husband and Wife (34‐35). he is responsible for her and for her wellbeing. 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. previously mentioned in refutation of article 1. in order to fulfill the basic needs of life. Muhmmad Ali (2007). he also said: “No one should refrain from fending for the sky does not rain down with gold and silver.

Figure 5: An illustration of the economical discrimination practiced against  women in a number of countries. Ali (1959).” (Al Jumu’ah 62:10).1 Hence.                                                               Tantawi. Islam ensured that women do not go through the stress and pressure of fending for themselves. (264).  1 All Rights Reserved .Library of University of Jordan .Center of Thesis Deposit . Damascus: Dar Al Fiker. Following is an example of data gathered by the UNIFEM that illustrates economical discrimination practiced against women in a number of countries.71    prosper. Tarekh Omar wa Abdullah Bin Omar. (The History of Omar and Abdullah Bin  Omar).

72    Figure 5 assesses discrimination in economic rights. The extra share given to the males in this case. job security (maternity leave. which include: equal pay for equal work.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).Center of Thesis Deposit . The graph shows that women's economic rights tend to have a strong balance in the law rights when compared to the social rights. it is for the reason that they are the ones in charge for fending for their families. a portion equal to that of two females”. They                                                              1  Who answers to Women? UNIFEM 2009 P75  All Rights Reserved . work at night. By granting males double the amount of inheritance. equality in hiring and promotion practices. When Allah the Almighty said in the Holy Qur’an: “Allah (thus) directs you as regards your Children's (Inheritance): to the male. etc. and work in the military and the police force. and non-discrimination by employers. free choice of profession or employment and the right to gainful employment without the need to obtain a husband or male relative's consent. is due to the responsibilities that are assigned to them with by the Islamic social system. Islamic distribution of inheritance may be perceived as discrimination. unemployment benefits. Also included. (Al Nisa’ 4:11). work in occupations classified as dangerous.).Library of University of Jordan . are rights to be free from sexual harassment in the workplace.

73   

are the ones whom have to pay for all the expenses of their marriage and provide for a family whether in residence or food…etc. “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 Nis’a 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

                                                            
1

 Bin Humaid, Saleh Abdullah: A Refutation of Suspicions about Current Issues (85). 

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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 doesn’t 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:

                                                            
1

 Al Sharif, Mohmmad (1960). Al Islam wa Al Usrah (43‐44). (Islam and the Family). Mu’asasat Al  Matbou’at AL Haditha.   Narrated by Al Nasai’. Acc. No. 8943 

2

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“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 Qur’an 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

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Islam seeks the protection of young girls even prior their marriage. came to the Prophet (PBUH) and said to him that she disliked that marriage. so he (PBUH) declared that marriage invalid. and all the households. For example. Yet.1 Hence. who was forced into a marriage by her father. it is narrated that a Muslim woman by the name of Khansa’ Bint Khidam. food. This article entails that the married couple are equal in 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.Center of Thesis Deposit . even when it comes to the expenses. A husband is even requested to pay the expenses for                                                              1  Narrated by Ibn Dawoud.2103  All Rights Reserved . it is obligatory upon a man to handle all the expenses of his family. this right already exists in Islam. a woman also has to pay for the housing. No. on a basis of equality of men and women: (a) The same right to enter into marriage. and forced marriages are not a part of it. Acc.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 doesn’t agree on forced marriages. in Islam. on the contrary.Library of University of Jordan . (c) The same rights and responsibilities during marriage and at its dissolution.

This is so. This is a duty on the righteous” (Al Baqarah 2:241). In conclusion.77    the kids even after divorce. including the right to choose a family name. this could be a problematic issue and raise a lot of controversy. many of the rights listed in the articles of this convention already existed in Islam. “(g) The same personal rights as husband and wife. when people differ in comprehension. “For divorced women Maintenance (should be provided) on a reasonable (scale). the committee responsible for All Rights Reserved .e. women’s rights were merely protected and fulfilled. a woman in Islam even had rights after she is separated from her husband by divorce.Center of Thesis Deposit . As mentioned in chapter two. Allah the Almighty says: “Call them by the names of their fathers. to prevent the children from “Blood mixing”. a profession and an occupation. that is more just in the sight of God”.” Islam forbids a woman to choose a family name for her children. i.Library of University of Jordan . in the narrations of the Prophet (PBUH) and in the actions of his fellow companions. In the verses of Holy Qur’an. other than the one they are given by their father. Moreover. unclear and may carry several meanings and conception. (Al Ahzab 33:5). Many terms in the articles are vague..

tradition and culture. All Rights Reserved . the results of adhering to CEDAW and allowing it to go into force are listed.Library of University of Jordan . In the following chapter. Above is the analysis on why CEDAW must not be ratified in Muslim countries and how it apposes Islamic Shari ‘a. ideology.Center of Thesis Deposit . might seem irreligious and terrible in another.78    assembling this convention did not pay attention to the fact that several countries differ in their religion. ethics and way of life. A practice that might seem absolutely acceptable and normal in a certain country.

" (Al Bakarah 2:30) . the sexual instincts in human beings are instilled in them to preserve the humankind. love and mercy. Nathrat Al Islam Li Al Insan. and to worship Allah as ordered. Nahwah Taf’eel Makasid Al Shari’a. and maintaining the lineage. that they may serve Me.2                                                               Najjar. Allah put his trust in his sovereign. Jordan: Jami’at Al Muhafatha Ala Al Qu’ran Al Kareem. limiting it into the act of marriage.1   Humanity must comprehend that it is the sovereign of God on this earth: “Behold. wal haya (14) (Islamic Perspective towards  the Human being. Al Kawoun. all under the law of the Creator. apply the Shari ‘a (Islamic law). all come under preserving the necessities of Shari ‘a.79    4   Chapter Four: CEDAW Going Into Force Results of Spreading This Convention 4. Zagloul (2009). (Al Thariyat 51:56).Center of Thesis Deposit . the human kind. Hence. making the relationship between him and earth a complementary one and of peaceful nature.1 Thus. establishing comfort. thy Lord said to the angels: "I will create a vicegerent on earth.(109). Jamal Al Deen (2008). Earth and Life). United States: Al Ma’had Al ‘Alamy Lil Fiker al Islami. (Towards Applying the  Necessities of Shari’a).Humanity is requested to construct it.Library of University of Jordan . encouraging the breading of generations.   Atiyeh. for this is the main message of its existence:“I have only created Jinns and men. 2 1 All Rights Reserved .

Library of University of Jordan . And what a better proof than all what is happening to the world right now. the man made laws do not address humanity like those of Divine laws. and that one day we shall be judged. he laid down a set of rules and regulation to manage it in a systematic and proper way. which is due to deviation from morals. belief. one religion and not another. He is the one that knows what is in their favor and what is not. the first outcome of applying the convention leads to: o Replacing Divine Rules: When ALLAH the Almighty created earth. Hence. He the Almighty.Center of Thesis Deposit . as we do unto the others so shall be done unto us. Morals spring from religion and the strong belief that we were sent to this earth for a reason. created human beings. When Allah the Almighty laid down the rules and laws of the universe.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. and appropriate with the human kind. leads to opposing religion. Replacing divine rules. When neglecting those rules and regulation. reason for living and not taking into account the deeds All Rights Reserved . First of all. hence. one can imagine the pandemonium and chaos that might spread on this globe. They address one nation and not another. they were set for every time and place. essence of creation.

For example. USA: El Farouq Foundation. the more you cover it. when Allah ordered women to cover their heads it was for their own protection and chastity.Center of Thesis Deposit .  All Rights Reserved . health and the welfare of humanity.                                                              1  Qardawi. Al Qardawi gave women a figurative description and said: A woman is like a pearl hidden in its shell.and women who.. although dressed and wearing clothes.e.81    and actions committed by a person. happiness. when Allah the Almighty ordered Muslims not to mix. Consequently leads to the following point.Library of University of Jordan . are naked. hence living in an incomplete family and a confused life. males and females. and live a chaotic meaningless life. to prevent them from anything that might lead them to adultery that of which might lead to illegitimate children not knowing their parents. This allows people to perform all sorts of sin.. it was for a good reason.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:…. the more it glows and sparkles. Houston. The Lawful and the Prohibited in Islam (73). i. Islam makes it forbidden for women to show any part that might be sexually attractive. and that is to protect the bashfulness of humans. Another example. (2003). o Allowing the Forbidden in Islam: Allah the Almighty forbade and allowed certain things for the well-being. harm towards others and towards ones own self. Y.

Library of University of Jordan . especially if unsafe. their hair styled like a twisted hump of a camel. From a medical and health point of view. WHO figures listed in the survey show that there are 19 million unsafe abortions per-year. but the society as a whole.82    seducing and being seduced. What was a great sin has now become something to be proud of and a norm amongst women of today.int/mediacentre/news/releases/2006/pr63/en/index. nor will its fragrance reach them. many countries in the West are allowing abortion. but for some. then the order of this world tends to deviate from the right path. no. The consequence of such a matter affects not only the individuals undergoing the experience of abortion.2 Hence. When people no longer care about what is Halal and Haram. So many women nowadays are acting precisely like he had described them more than 1400 years ago. which is prohibited in Islam and considered to be like killing an innocent soul.html  2 All Rights Reserved . it may seem a legalized and an insignificant issue. resulting in around 68 000 deaths and millions of injuries and permanent disabilities. For example.Center of Thesis Deposit .who. it is not. allowing                                                              1  Narrated by Muslim Acc.”1 This is one of the greatest prophecies by the Prophet (PBUH). has lead to several predicaments.5704   http://www. They will not enter paradise. the lawful and prohibited.

seeing to their physical and mental activities. then this will defiantly change the true essence and creation of each. walking. behaving and working like men. This includes the act of a women dressing. It is not forbidden in Islam for women to work and be a constructive part of society.Center of Thesis Deposit . some fields in society require women. gaining knowledge from the proper source. proper and a sound family. o Changing the Essence of the Creation of Women As previously mentioned. Hence. According to the International All Rights Reserved . Therefore. and being a part of that ideal society. values. and a husband that goes else where to fulfill his needs.83    what Allah the Almighty has forbidden shall only lead humanity towards misery and suffering. which is the foundation of an ideal society. talking. On the contrary. The Prophet (PBUH) cursed men who imitated women and vice versa. But if her work results in carelessness and negligence towards her husband and kids then she is signing the contract of a doomed society. such as a female gynecologist. teaching them true ethics. if a man becomes effeminate and a woman masculine. being a part of a solid. morals. Islam considers raising children as one of the most important jobs given to a woman.Library of University of Jordan . She is responsible for bringing up her children. unguided children. Women were created for the reason of conceiving children. which would be much more comfortable for women rather than a male gynecologists.

157 1.061 1.408.   http://bjsdata.Center of Thesis Deposit .”1 CEDAW tends to grant women much more freedom.745 299.84    and local statistics.390. one of the most significant reasons for “Juvenile Delinquency is the breaking-up of families and homes.484 1.Library of University of Jordan .347 92.507.929 94. Why Not Cover Your Modesty (50‐51).125 862.853 855.030 16.  Riyadh: International Islamic Publication  House.438 447.427 417. Following is a table showing the statistics of reported crime in the United States according to the Bureau of Justice Statistics: Table 6: Crime Statistics in the United States2 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. A. (2006).cfm  2 All Rights Reserved .gov/dataonline/Search/Crime/State/RunCrimeStatebyState.043 301.‐H.337 16.usdoj.740 17.418.757 90.398. this shall lead to higher rates of crime. negligence committed by parents and scarcity in care offered to children. violence and abuse.621.ojp.856 Year 2005 2006 2007                                                              1  Balali.220 860.403 445. A.

the social structure. It also helps him/her to lower his/her gaze and guard their chastity.Library of University of Jordan . and love. spiritual connectivity. whoever among you can afford it.  2 All Rights Reserved . let him get married.85      o Breaking family ties. but on respect. Allah says: “And among His Signs is this. not based only on sexual desires. No. Dar Al Fiker. Mohmmad bin Ahmad bin Hajar. that He created for you mates from among yourselves. A relationship deems the basic rock to                                                              1  Narrated by Al‐Bukhari Acc. as the Prophet (PBUH) said in the Hadith. that you may dwell in tranquility with them. for it is more effective in lowering the gaze and guarding chastity. 5066   Al Askalani. Allah the Almighty made marriage between two people a sacred and affectionate relationship. discouraging early marriage and resulting in the drop of the number of Muslims Islam considers marriage to be the completion of ones religion.”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. for through marriage a Muslim can. and He has put love and mercy between your (hearts): verily in that are Signs for those who reflect” (Al Rum 30:21). Fatah Al Bari (108). triumph over many of the traps of evil.2 In the Holy Qur’an. “O young men. with the help of Allah.Center of Thesis Deposit .

Center of Thesis Deposit . Abu Al A’la. Beirut: Al Risalah. 13594  All Rights Reserved .                                                              1  Mawdodi. being the main element in the duty of raising children. what family is that of which it has no male father. CEDAW also tends to eliminate the traditional family. Kuwait: Wazarat Al Awkaf wa Al Shou’n al  Islamyeh. the articles of CEDAW tend to undermine the role of the traditional family and seek to transfer the main role of women. Al Hijab (215‐16).2 In a certain way.  3 2  Narrated by Ahmad bin Hanbal no.Library of University of Jordan . by making them believe that they were not created for the reason of conceiving. He the Almighty is the only one capable of granting them those feelings since their relationship was built on the Islamic Sharia’ and law. and no female mother? What sort of generation will come up when it’s 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). and preserving their homes. Hiyeah wa Howah: Qisat Al Rajol Wa AL Mar’a fe Al Qur’an Al Kareem (75).86    build the whole of humanity.   Abu Udeh.1 This sort of love and closeness is instilled between those two people who are married. for on doomsday I shall show pride in you in the presence of the (other) nations”3 It is our duty as Muslims to encourage the traditional family and to encourage the traditional role of a woman as being a mother. Udeh (2009). (He  and She: The Story of Man and Woman in the Holy Qur’an).

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. No. 8713  All Rights Reserved . Why? 4.87    4. The companions asked the Prophet: "Will we be so few in number that this should happen to us? The Prophet said: No. One of the companions asked: What is wahan? The Prophet said: The love of life and the resentment of death. Acc.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. today we are seeing this prophecy being                                                              1  Narrated by Al‐Bukhari."1 Indeed.2. you shall be innumerable.Center of Thesis Deposit . But you will be like the waste of the flood.2   Muslims Accepting Western Conventions. 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.Library of University of Jordan .

inch by inch) so much so that even if they entered a hole of a mastigure (large spiny-tailed lizards). it is a political system that give everyone their right with no distinction. they are stamped with the habits of the West. span by span and cubit by cubit (i. talk and behave like the Western societies. so many no longer believe that Islam is the answer to all the questions one has in mind. word for word.Library of University of Jordan . and are on the path that the Prophet (PBUH) had declared in his Hadith. walk. 3456. when the youth no longer practice the Islamic “Frai’d” compulsories. No. Muslims no longer have an identity to distinguish them. We said.  All Rights Reserved . The Westernization of Islamic Societies is When the youth of Muslim societies begin to dress.. then the downfall of Muslims is near. Acc.e. "O Allah's Apostle! (Do you mean) the Jews and the Christians?" He said.Center of Thesis Deposit .88    fulfilled. and in thorough detail. For Islam is a social system including the family and society each having their rights fulfilled. you would pursue them. on the contrary. economic system                                                              1  Narrated by Al‐Bukhari. "Whom else?"1 All this indicates that so many Muslims have started to lose faith. 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. when they practice the prohibited and deviate from the allowed in Islam. eat. Many Muslims are losing faith in their religion.

uk/2/hi/europe/7236128. Turkey.co.bbc. A prominent example is that one of the Muslim countries is actually banning Hijab from institution such as universities and collages. Islam is the ideal system. each part of it complementing the other.”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. was once upon a time the center of the greatest Islamic Empire.stm  All Rights Reserved . male or female.89    that encompasses every single member of society.Library of University of Jordan .Center of Thesis Deposit . with its rules laid down by the divine. countries that could even be “un-Islamic”!                                                              1  http://news. has issued a “A strict headscarf ban had been in force in Turkish universities since 1997. hence.

• Islam saw males and females as two pairs of one source complementing each other. and the sense of an overwhelming inferiority. Women. • CEDAW sprouted from a society that had not treated women well. • 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 women’s rights. a perfect one. That equality was of divine nature. hence. • Islam granted women a higher and soaring status than any other religion or society in the whole history of mankind. under-trodden and pushed aside. at the advent of Islam. and finding comfort and love in one another and not a relationship of competition and inferiority. alongside men became equals before their Lord and the divine law instilled on this earth. but rather they were neglected through the timeline of history. All Rights Reserved .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.Center of Thesis Deposit . disgrace. It was the outcome of several years of misery.Library of University of Jordan .

The articles of CEDAW have been analyzed from an Islamic perspective to prove this. and in worship before Allah the Almighty. equality between men and women is have responsibilities.Center of Thesis Deposit possible and reasonable because they are both human. All Rights Reserved . obligation. mental. was thought to be the answer to all the problems of women in the West. emotional and psychological qualities. • CEDAW. is but complete inequality and unfairness.Library of University of Jordan . • Making two genders. each fulfilling their role in life. it was for the reason that they both excelled in their individuality and differentiation.91    • It must be realized that in one sense. males and females into one. When Allah the Almighty created two beings. but on the contrary. inclinations and abilities. it was but a remolding convention from the pre-Islamic era. it has also been supported by well known scholars and authors. and pure discrimination against females. equality between men and women is impossible due to their natural differences in physical. and that total equality between all members of the same gender is impossible due to natural differences in strengths and other qualities. a matter not in their favor. • A clarification has been made to show how males and females are complimentary. In another sense. they are equal since both .

Center of Thesis Deposit For it shall sign on the contract of doom. the destruction of a whole society. hence. Whether by encouraging women to leave their home and work.92    • Finally. from the life of Muslims means final submission to the colonization of the West and its man made conventions and laws. the Islamic nation deems at stake. the punishment of Allah the Almighty will be gross for it is deserved for all of those whom deviate from the divine law.Library of University of Jordan . All Rights Reserved . Annihilating Islam. if this convention goes into force. its laws and Shari‘a . or by coeducation. • Thus.

Sahih Sunan Abu Dawoud.Library of University of Jordan . R. N. A. Al Jawaneb Al Fiqhiya Lil Qawamha. A. Beirut: Dar Al Fiker . Abu-Udeh. Riyadh: Maktab Al-Tarbiyah Al Araby Ledowal Al-Khaleej. Kuwait: Dar Al Kalam le NAshir Wa Al Tawzee’. Tahreer Al Mar'a fe Asir Al Risalah (Freedom of Women During the Advent of Islam).93    5   Bibliography:  Abadi. (1989). S.Center of Thesis Deposit . Guidelines for Raising Children. (2004). M. Abu-Dawoud. Hassan Salah Al Sghayar (2004). & AL-Albani. (1979). Kuwait: Wazarat Al Awkaf wa Al Shou’n al Islamyeh.-D. Abdullah. A. AbdAllah. (2002). Hiyeah wa Howah: Qisat Al Rajol Wa AL Mar’a fe Al Qur’an Al Kareem (He and She: The Story of Man and Woman in the Holy Qur’an). H. H. Abdualla. Dar Al Jamia’ Al Jadida. (2009). Abu-Shaqa. All Rights Reserved . Hassan SAl Jawaneb Al Fiqhiya Lil Qiwamah Al Zawjiya ( ِ◌The Fiqiah Approach Towards the Husband’s Qawamah). Alexandria: AbdAllah. U. (2003). Riyadh: Daeussalam. A. Aoun Al Ma’boud.

Sahih Sunan Al Nisai'. (1969).-D. Damascus: Dar Al-Fiker. Sahih Al Bukhari. (1979). Ahkam Al Qur’an (The Laws of the Qur’an). Ni’mat Al Hijab Bel Islam (The Blessing of Hijab in Islam). M. (1959). Manshorat Al Maktab Al Islami. S. (1988). Jordan: Dar Al Nafai’s. N.Library of University of Jordan . Sahih Al-Jame' Al-Sagheer (vol. N. Al-Araby. Lebanon: Dar Ihya' Al Turath Al Arabi.-e.94    ADahabi. (1988). Al-Albani. (1914). M. a. Haidar Abbad: MAtb'at Majles Da'irat Al-Ma'rif Al-Nithamyeah. Al-Albani.-D. A.Center of Thesis Deposit . Al-Askalani. Beirut: Al Dar Al Islamiyah. I. M.-d. A. Maqasid Al-Shari'a Ind Ibn Taymieh (The Necessities of Shari ‘a According to Ibn Taymieh) . M. A. B. N. Al-Amele. Al-Badawi. Silsilat Al-Ahdith Al-Sahiha. Al-Bukhari. M. All Rights Reserved . Tathkerat Al Hufath. Beirut: Dar Al Fiker. B. Y. Fateh Al Bari.1). Al-Albani. kuwait: Al-Dar AlSalafiyah Lil-Nashir Wa-tawzee'. (2000). Riyadh: Maktab AlTarbiyah Al-Arabi Lidowal Al-khaleej.

(2000). (1984). (2001). Al-Nabulsi. (1990). Cairo: Dar Al Shoroq. Elmhurst. Al-Jawzi. A. A. Islamic Culture and Thought. The Quran: Text. Syria: Dar Al Maktabi.95    Al-Ghazali. New York: Tahrike Tarsile Quran Inc. Al-Ghazali. Qadayah Al-Mara’ Bayan Al Taqaleed Al-Rakeda wa Al-Wafedah (Women’s Issues Between Internal and Foreign Traditions). Al Ahkam Al Sultania. United States: Al Ma'had Al Ilmi Lil Fker Al Islami. M. A. R. M. M. I. Cairo: Matba’at Al Sa’ada. Humom Al Mara’a Al Muslimah (The Worries of Muslim Women).Center of Thesis Deposit . 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). Sahih Al-Bukhari. Al-Ghazali. Translation and Commentary. (1991). A. Amman: Jami'at Al Muhafatha Ala Al Qur'an. M. Al-Majali. (Intellectual Tradition). (2008). Torathona Al Fikre Fe Mizan Al Share’ wa Al Akel. All Rights Reserved .Library of University of Jordan . H. Cairo: Dar Al Hadith. Cairo: Maktabat Al Qur’an. Al-Mawardi. (1909). Ali. K. (2004). Y.

A.. Beirut: Dar al Kalam. A.-A.-A. Riyad Al Salehin (The Paradise of the Pious). Al Mar'a Fe Al-tareekh wa Al-Shari'a (Women in History and Shari ‘a).-A. B. D. Al Islam Wa Al Usrah (Islam and the Family). Sunan Abu-dawoud. A.Library of University of Jordan .96    Al-Nawawi. (1991). Al-Qaseer. Al-Sajistani. Beirut: Dar Al-Kitab AL Arabi.-S. Al-Sh’rawi. & Al-Albani. Beirut: Dar Al Nafai's. Mu’asasat Al Matbou’at AL Haditha.Center of Thesis Deposit . (2000). Beirut: Mo’asasat AL Ryyan. All Rights Reserved . (1960). M. M. M. (1999). (1991).-d. F. Cairo: Akhbar Al Yaoum. Cairo: Mu'sasat Qurtubah. Musnad Al Imam Ahmad Bin-Hanbal. M. I. N. Al-Sha'rawi. Al-Shaybani. (2007). A. A. M. Sunan Al Nisa'i Al Kubra. A. Beirut: Al-Maktab Al-Islami. (1979). Al-Nisai'. Tafsir Al-Sha'rawi. Al-Sharif. Al-Sahmarani. Al Mar’a Al Muslima Bayna Al Shari ‘a Al Islamiyah wa al Adaleel Al Garbiyah (Muslim Women Between Islamic Shari’a and the Misleading West). Makant Al Mar’a Fe Al Islam (The position of Woman in Islam). Beirut: Dar Al Kutub Al Ilmyah.-H. M. B.

-A.7). Atiyeh. Cairo: Maktabat wa Matb'at Mustafah Al-Babi Al-Halabi Wa Awladuhu. New York: Oxford University Press Inc. (2006). (1958). M. (2008). (1984). Musnad Al-Imam Ahmad Bin-Hanbal. Nahwah Taf’eel Makasid Al ShariAl Ma’had Al ‘Alamy Lil Fiker al Islami. (1996). All Rights Reserved . Mu'sasat AlRisalah. United States: Atiyeh. b.Center of Thesis Deposit . Al Mara’a Wa Al Kanoon (Women in the Course of Fiqh and Law). Riyadh: Maktabat AlRashid. A. (1999). Bin-Ibrahim. A. Cairo: Al Matba’a Al Maymanyah. A. Jamal Al Deen (2008). J. Al-Sibai’. Aries. Men and Women in Interaction: Reconsidering the Differences. Tafsir Al Tabari: Jame’ Al Bayan fe Tafsir Al Qur’an. Balali. (1999).-H. A.97    Al-Shwkani. Sahih Bukhari (vol. Tafsir Fateh Al Qadeer. J. (1911). M. Why Not Cover Your Modesty. Al-Tabari.-I. B. E. A. Riyadh: International Islamic Publication House. Beirut: Al Maktab AL Islami. Bin-Hanbal. Nahwah Taf’eel Makasid Al Shari’a (Towards Applying the Necessities of Shari’a).Library of University of Jordan . M.

Women in Shari'ah (Islamic law). R. V. London: Peter Owen.Center of Thesis Deposit . E. Hammurabi Code and the Sinaitic Legislation with a Complete Translation of the Great Babylonian Inscription Discovered at Susa. L.98    Daniele. (1991). Deem. (1956). What Everyone needs to Know about Islam. (1921). Saudi Arabia: Darussalam. (1996). (1989). M. J. C. (2001). Edwards. Ferm(edt). US: Oxford University Press. London: Ta-Ha Publications. Sophie's World. London: Watts. Co-Education Reconsidered. New York: Penguin Group Inc. An Encyclopedia of Religion. Milton Keynes: Open University Press. Great Women in Islam. How Females and Males Really Differ. A. New York: Poseidon Press. Berkley Books. R. Doi. Esposito. Gaarder. Ghadanfar. All Rights Reserved . A. (1984). Riyadh. J.Library of University of Jordan . The Great Divide. (2002).

A Refutation of Suspicions about Current Issues. S. A. B. A. A Short History of Women's Rights From the Days of Augustus to the Present time. E. All Rights Reserved . (2000). Boston: World Peace Foundation. Saudi Arabia: International Islamic Pulication House. Hambro&Goodrich. Charter of the United Nation (Commentary and Documnets) Revised Edition. Humaid. M. Riyadh. K. Westport: Greenwood. Hashimi. Jeddah: Al-Manara. (1994). Hammurabi. Riyadh. London: Watts. The Ideal Muslimah: The True Islamic Personality of the Muslim Woman as defined in the Quran and Sunnah.Library of University of Jordan . Global Prevalence and Incidence of Selected Curable Sexually Transmitted Infections Overview and Estimates. With Special Reference to England and the United States.99    (2001). A. Hashimi. The Ideal Muslim Society: as defined in the Quran and Sunnah. Saudi Arabia: International Islamic Pulishing House. M. Hecker. Geneva: World Health Organization. (1921). The Hammurabi code and the Sinaitic legislation. (1971). (2007). (1949).Center of Thesis Deposit . A.

A. wal haya (14) (Jami’at Al Muhafatha Ala Al Qu’ran Al Kareem. R. Zagloul (2009). B. Tafsir Ibn Kather. Noami.-O. Kimball.100    Ibin-Katheer. Beirut: Mo’asast AlRisalah. A. New York: Manhattan Publishing Company . NajjaNathrat Al Islam Li Al Insan. E. (1984). Jeddah: Al Dar Al Soudia. Huquq Al Zawjayeen (The rights of the Husband and Wife). Kimball. Al Kawoun.-A.Center of Thesis Deposit . Haagerup. Nathrat Al Islam Li Al Insan. Niels J. L. Earth and Life). (1956).Library of University of Jordan . Roger (2000) The Long March: How the Cultural Revolution of the 1960s Changed America (147).-F. Najjar. (2007). H. New York: The Haworth Press. Bent Rib. (2000). San Francisco: Encounter Books. Saudi Arabia: International IslamicPublication House. (2000). Z. Sorenson . All Rights Reserved . wal Haya (Islamic Perspective towards the Human being. Al Kawoun. Khattab. United Nations Decade for Women World Conference. Max. Riyadh. (1985). Jordan: Najjar.-D. (2009). Denmark and the United Nations. Mawdodi. A.

M. F. USA: El Farouq Foundation.. London: Routledge. Qardawi. a. Cairo: Aalam Al-Kotob. 2004). Qutub. Rateb. Arabia Before Mohmmad. (1960). Single-sex Schools: A Good Idea Gone Wrong?”.101    O'Leary. Houston. L. Qom: Ansariyan. S. Dacca. & Zittleman. A.Library of University of Jordan . The Christian Science Monitor. 9. (2000). Women Around the Messenger. Riyadh. A. A. Saudi Arabia: Internation Islamic Publication House. Civil Rights in the Light of Islamic Legistlation. Saudi Arabia: Tawheed Publications. (2007). All Rights Reserved . The Educational System In Islam. (1997). (April 8. M. Islam the Choice of Thinking Women. Philips. Sadker. A short History of Islam.Center of Thesis Deposit . D. Patel. A. Y. Riyadh. (2000). K. (1990). Pakistan: Ahmed Publication House. Qarashi. I. The foundations of Tawheed. Rahim. (1988). B. The Lawful and the Prohibited in Islam. (2003). D. London: Ta-Ha Publishers Ltd.

Thiyab. M.Library of University of Jordan . (1959). A. M. M. Cairo: Akhbar Al Yauom.-B. Rethinking Prostitution: Purchasing Sex in the 1990. Wadud. Shalabi. M. Al Umumah fe Al Qur’an wa Al Sunnah (Maternity in the Holy Qur’an and Sunnah). USA: United Nations Development Fund for Women. Tafseer Al Sha’rawi. Riyadh: Maktabat Al Tawoubah. (1992). Tarekh Omar wa Abdullah Bin Omar (The History of Omar and Abdullah Bin Omar). A. Mot’at Al Talaq (Divorce Maintenance). (2008/2009). (1998). Amman: Dar Al Yanbee’.Center of Thesis Deposit . A. A. Zaytoon. UAE: Dar Al Kitab Al Jami’. (1997). Z’abalawi. Ikhtelat Al Murahiqeen wa Atharuhu fe Maharatihim Al Ijtima'yah (Teenagers mixing and its Affect on Their Social Skills). Who Answers to Women.102    Scambler. UNIFEM. All Rights Reserved . Damascus: Dar Al Fiker. (1999). London: Routledge. (1991). M. Beirut: Dar Al Nahdah Al Arabiyah. (2005). A. A. Tantawi. Sha’rawi. Ahkam Al U'srah fe al Islam (Family Rules in Islam). S. Qur'an and Women. (1977). New York: Oxford University Press.

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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

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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

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‫ 501‬ ‫ ‬ ‫ ‬

‫إعداد‬ ‫زينب طاھر عصفور‬ ‫المشرف‬ ‫د.محمد خازر المجالي‬

‫ملخــــــــص‬
‫ُ‬ ‫تھدف ھذه الدراسة إلى إيض اح بع ض األفك ار الخاطئ ة والمتعلق ة بالقض ايا تعن ى باإلس الم، وذل ك م ن‬ ‫خالل تسليط الضوء على مكانة الم رأة ف ي اإلس الم، تل ك المكان ة الس امية، ودورھ ا ال ذي ال يُس تعاض‬ ‫عنه في المجتمع.‬ ‫كما وترن و ھ ذه الدراس ة إل ى اإلس ھام ف ي الدراس ات المتعلق ة ب المرأة وحقوقھ ا بواس طة التركي ز عل ى‬ ‫تاريخ االتفاقية الدولية للقضاء على كافة أشكال التمييز ضد المرأة، وتحليل بنودھ ا الت ي تتع ارض م ع‬ ‫الق وانين، والتقالي د، والش ريعة اإلس المية، م ن خ الل دراس ة بع ض أج زاء تل ك المعاھ دة م ن منظ ور‬ ‫أكاديمي.‬

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

‫سيداو "اتفاقية القضاء على كافة أشكال التمييز ضد المرأة" من منظور إسالمي‬

‬ ‫ ‬ ‫ ‬ ‫ ‬ ‫‪All Rights Reserved .‫ 601‬ ‫ ‬ ‫تتضمن نتائج ھذه الدراسة آثار خضوع العالم اإلسالمي لھذه المعاھ دة، وبالت الي التع رض إل ى مخالف ة‬ ‫الش ريعة اإلس المية، وفق دان الھوي ة اإلس المية، باإلض افة إل ى االنح راف ع ن مس ار طبيع ة الخليق ة،‬ ‫ليصبح المجتمع اإلسالمي غربيّ السّمة، واألخالق والمبادئ.Library of University of Jordan .Center of Thesis Deposit‬‬ .