حقوق المرأة في الفقه الإسلامي والإعلان العالـمي لحقوق الإنسان: دراسة مقارنة

Abstract

This research aims to study the rights of women in Islamic jurisprudence and the Universal Declaration of Human Rights. The researcher presents a brief overview of the position and status of women throughout the ages as well as in different religions and societies and then adjudicates those rights in Islamic law and compares those with the Universal Declaration of Human Rights. The researcher used a method based on collecting the legal texts related to the rights of women, and the statements of jurists and scholars in those texts, with the analysis of the texts, utterances and commenting on what requires to be settled, and then comparison with what is stated in the Universal Declaration of Human Rights. The research found that women in Islam have fixed rights in different areas, whether these rights are religious or social or economic or political. It should be noted that these rights were recognized by the Shariah (Islamic Law) for women in the beginning and without the need for struggle and conflict on their part, while the Universal Declaration of Human Rights only approved these rights after a long and bitter history of conflict and struggle. The research showed that the Universal Declaration of Human Rights is compatible with the teachings of Islam in the fundamental rights guaranteed to women in particular, and human in general. But it differs with them in some points, as it is based on a secular view that does not receive religion as an act and also based on a social philosophy what eventually lead to weaken the family and dismantle its ties.