Sociological Approach to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (Critical – Comparative ? Study)
Abstract
Objectives:-This article aims to examine the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW”) in the context of gender and the Islamic culture theology and social legislation that regulates the status and vital roles of women. Methods: The article uses the analytical descriptive approach and two types of dater will be utilize secondary &primary sources generated from the documents of the original agreement and their interpretations. Furthermore the article uses Comparative & historical approaches utilized to review critically women status & roles. The article comperes CEDAW Convention with Islamic social legislation and highlights basic similarities & differences ,the article document how Islam adopts holistic approach to gender issues emphasizing complementary between men and women in all aspect of life, to the extent that neither of them exist without the other. The findings of the article: CEDAW emphasizes individualism and addresses women’s issues from a reductive point of view that isolates them and tried to deal with women issues as separate issues from their family and community context. Reading and analysis of the general framework and philosophy adopted by CEDAW proves that it is part of the cultural variables imposed by the dominance of the materialistic liberal culture. The most important legal terms of CEDAW contradict the requirements of the Islamic legislation regarding the situation of women in terms of justice, equality of human origin and dignity, and responsibility without discrimination between men and women. Regarding status of women in Sudan as an example ruled by Islamic legislation , findings show that according to the national legislation and evaluation by judges and legal experts, the national legislation ensures more women’s rights and situations than those included in CEDAW. So, if CEDAW is imposed, Sudanese women will lose privileges granted to them under the Constitution and the current national legislation. Conclusion: the study recommends the importance of raising awareness about the philosophical dimensions of CEDAW and the underlying risks that contradict the values and wisdom of the Islamic social legislation which regulates and controls the status of women and the family.
Full Text: PDF DOI: 10.15640/ijgws.v3n2a11
Abstract
Objectives:-This article aims to examine the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW”) in the context of gender and the Islamic culture theology and social legislation that regulates the status and vital roles of women. Methods: The article uses the analytical descriptive approach and two types of dater will be utilize secondary &primary sources generated from the documents of the original agreement and their interpretations. Furthermore the article uses Comparative & historical approaches utilized to review critically women status & roles. The article comperes CEDAW Convention with Islamic social legislation and highlights basic similarities & differences ,the article document how Islam adopts holistic approach to gender issues emphasizing complementary between men and women in all aspect of life, to the extent that neither of them exist without the other. The findings of the article: CEDAW emphasizes individualism and addresses women’s issues from a reductive point of view that isolates them and tried to deal with women issues as separate issues from their family and community context. Reading and analysis of the general framework and philosophy adopted by CEDAW proves that it is part of the cultural variables imposed by the dominance of the materialistic liberal culture. The most important legal terms of CEDAW contradict the requirements of the Islamic legislation regarding the situation of women in terms of justice, equality of human origin and dignity, and responsibility without discrimination between men and women. Regarding status of women in Sudan as an example ruled by Islamic legislation , findings show that according to the national legislation and evaluation by judges and legal experts, the national legislation ensures more women’s rights and situations than those included in CEDAW. So, if CEDAW is imposed, Sudanese women will lose privileges granted to them under the Constitution and the current national legislation. Conclusion: the study recommends the importance of raising awareness about the philosophical dimensions of CEDAW and the underlying risks that contradict the values and wisdom of the Islamic social legislation which regulates and controls the status of women and the family.
Full Text: PDF DOI: 10.15640/ijgws.v3n2a11
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