Non-financial rights of women in an international documents and Islamic teachings
The writer: Monireh Akhavan (Lecturer at Islamic Azad University)
Abstract
Women’s deprivation of their human rights throughout history has been one of the most challenging human rights issues. In the mean time the non-financial rights of women is neglected to the extent that they are still lack many rights, including the right to education, the right to health, property rights, the right to work, the right to freedom of marriage, and so on. Non-financial women’s rights in Islam are one of the major issues to be considered in Islamic society and numerous views and opinions and even in some cases contradictory to each other by scholars and Islamic scholars the issue has been raised in this regard. In fact, women should have equal rights and privileges as equal to men in social and family life as half of the human body’s structure and there is no difference or distinction between men and women in social privileges, economic, cultural and political rights. But what most scholars accept and the Qur’anic documentation also confirms it, the theory of equality between women and men is in all aspects of social, cultural, economic and political life that fortunately, in the current situation is being considered by scholars and Islamic scholars as one of the issues discussed in this regard.
Key word
Women’s rights, human rights, non-financial rights, Islam, international documents
The introduction
Rights and duties of non-financial couples, it is the rights and duties each of the couples from before, neither earns financial nor loss financial; but these rights and duties are merely spiritual. It is also evident that Anything that is right for one of the spouses for the other party is a task. Nowadays, in the international community, one of the most important issues is the issue of the protection and observance of women’s rights and the equal rights of women and men and non-discrimination on the basis of gender. This feeling exists especially amongst many women throughout history, women who are part of human society have been oppressed and their human rights have not been respected. In recent centuries, many efforts have been made to establish a culture of equal rights between men and women and to eliminate discriminatory attitudes towards customs and laws. Several international documents have been ratified and signed in this field. (Khadem Azghadi, 2011: 4) There are differences in Islamic law regarding the division of duties of couples which not only does not cause discrimination, but is fully documented in the legislative system on specific grounds and has the ability to reflect and justify rational and clarifies the accuracy and sharpness of Shari’a on the basis of wisdom and righteousness and mercy in the domain of the rights of the family and indicate that there is a balance between the world of law and nature. Today one of the major causes of the collapse of families is the lack of awareness of the duties and the mutual rights of couples and the weakness in their pursuit. Hence, the strengthening of the sacred institution of the family will not be achieved except by recognizing and honoring the rights and duties of its members. Family law rights include two categories of financial rights and non-monetary rights. Non-financial rights are the rights that do not have financial value, Like the right to social affairs, the right to seek refusal, the right to prohibit employment and such matters as part of these coupled rights, some are specific to the wife and some common to couples. However, due to the role of women in the family, women’s rights are more important.in the Meanwhile, non-financial rights in comparison with financial rights, play a more important role but unfortunately, it has been neglected or less been dealt with. So that, when speaking of the rights of marriage brings up, Dowry, alimony and financial rights such as are brought to the mind and this is due to the fact that in the works of most scholars, writers and researchers, the financial rights of couples are considered. This is while in the family institution, these rights compare to non-financial rights have fewer effects and less results. More importantly, the origins of many of the conflicts of couples is not respecting their non-financial rights towards each other, Although financial issues have their own place, but given the nature of the family, and since in this institution the law is in the service of morality and morality is preceded by rights, observing Non-financial rights of women, can play a significant role in strengthening this institution. (Hataminzhad, 1392: 6) Therefore, in the present paper tried non-financial women’s rights, in international documents and Islamic law, it should be clarified and reviewed. The question raised is what are the women’s non-financial rights and duties?
1/ The Concept of non-financial rights
Non-financial rights: Non-financial right is an advantage without trading value Which is not directly exchanged and evaluated to money. Non-financial rights were not transmissible and not discarding and they will not be lost on their own. (Katozian, 1385: 111)
2/ Supporting women in the framework of international documents and treaties
2-1 United Nations Chart
The United Nations Charter affirms the fundamental human rights, dignity, value and human personality, as well as the equal rights of women and men. In the eighth article of this charter, says from the lack of restrictions on women’s equality with men: United Nations to hold any job in any title under equal conditions in its main and secondary branches, will have no restrictions on the employment of men and women. The document referred to in Section (B), Article 13 and section (f) of article fifty five on human rights and fundamental freedoms for all without gender discrimination, says such it B/Promoting international cooperation in economic, social, cultural, educational and health fields and helping to realize human rights and fundamental freedoms for all without discrimination on the grounds of race, sex, language and religion. C/ Universal and effective respect for human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. Thus, it disclaims the view of gender discrimination. The United Nations Charter foreseen mechanisms in order to secure human rights. Therefore, in the second paragraph of Article 62 of the Charter announces: “The Economic and Social Council can make recommendations for the promotion in order to encourage real respect for human rights and fundamental freedoms ” It also provided the Commission with the name of the Commission on Human Rights. Says “The Economic and Social Council, commissions for economic and social affairs and the promotion of human rights and such other commissions establishes as may be necessary for the performance of its functions, is established. ” In paragraph C of Article 76 Also, a world without sexual discrimination has been considered.
2-2 Universal Declaration of Human Rights
The United Nations Universal Declaration of Human Rights has been approved by the United Nations General Assembly on December 10, 1948 and this Declaration recognizes the inherent rights of humans. This declaration in the first article emphasizes the equality of all human beings in terms of dignity and rights and stipulate the Declaration on the Elimination of Discrimination on the basis of Gender. Also the seventh article proclaimed the Declaration of Living Without Sexual Discrimination and in Article 16 has abolished gender restrictions on marriage and its legal obligations. Paragraph 1 of Article 25 of the Declaration on the Right to Food, Housing, Medical Care and Social Services at Different Stages of Life Such as: unemployment, limb deficiency, widowhood, old age, or in all other cases that have been lost due to human causes. Enjoy decent living conditions as well as mothers and children are entitled to benefit from special care and assistance.
2-3 International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights, a binding document is required by States parties to the present Covenant to commit that equality of rights of men and women to enjoy all the political and civil rights embodied in this Covenant. This document also has anticipated monopoly discrimination. The Covenant recognizes the right to freedom of marriage as a legitimate right of men and women. The Covenant, stipulates that all persons are equal before the law and without discrimination, are entitled to equal protection and support against the law. In this regard, the law must prevent any form of discrimination and for all persons, effective and equal protections and supports against any form of discrimination at any stage, such as race, color, sex, language, religion, political opinion or other opinion of a national or social origin, property, birth or other status Ensure another situation.
2-4 International Covenant on Economic, Social and Cultural Rights
According to the Covenant, States Parties to the present Covenant recognize the right of everyone to a fair and equitable work. This Covenant commits two parties to the fact that the family, which is the natural and fundamental element of society, must be given the widest possible protection and assistance. Especially for its establishment and deployment and while it is responsible for the maintenance and education of their children and marriage must be made with the free consent of the parties that they intend to do and mothers during a reasonable period before and after childbirth should be given special protection. During such period working mothers should receive adequate leave with pay or leave with adequate social security benefits. The Covenant states that the countries party to this Covenant recognize the right of everyone to have sufficient living standards for themselves and their families, including adequate food, clothing and housing, as well as the continuous improvement of living conditions as well as the countries party to the present Covenant, in order to ensure the realization of this right, will take appropriate measures In this regard, they acknowledge the importance of international cooperation on the basis of free consent. In accordance with Article 13 of the Covenant, countries to this Covenant recognize the right of everyone to education and relying on the full development of human personality and the sense of dignity and the strengthening of respect for human rights and fundamental freedoms. (Message, 1393).
3- Non-financial rights in the constitution of Iran
Civil law requires the right to socialize, help, and cooperate in fostering the foundation of the family as a joint responsibility of the couples and the law professors also added the loyalty clause to it. Then the head of the family and its financial consequences are discussed.
3-1 Good companionship
According to Article 1103: “A husband and wife are obliged to have good companionship with each other.”
Good companionship is one of the common task of a husband and wife this kind of conduct, based on well-known relationships, forms the basis of life. (Azimzadeh Ardebili, Mohammadi Aranni, 1391: 80) The first task in the relationship between husband and wife is good companionship, which plays a very important role in the relationship between couples and family solidarity.
3-2 Helping and Assist in strengthening the Basics of the Family
According to Article 1104: “The couples should assist each other in establishing the principles of the family and the education of their children.” The purpose of the matter is that the husband and wife in all matters related to common life must have cooperation and collaboration. The legislator has put a good companion as the first and most important duties of the couples. Regarding the scope of this assistance and cooperation, recognized lawyers and determine the exactness of time and place.
3-3 Husband and wife loyalty
Although in civil law does not explicitly refer to this shared duty of husband and wife, But the law professors, the silence of the legislator Carrying on the obvious and clear of the subject. According to hefty fines in criminal law for this type of violation has been set, committing to it is not merely a rejection of a moral commandment in the family, but as an offense against Allah, in addition to the afterlife, carries a heavy reparation. For this reason, a heavy punishment has been imposed in criminal law for the illegitimate relationship between a husband and wife. (In Accordance with Article 225 of the Islamic Penal Code, punishment for adulterer and adulteress is stoning.)
3-4 couples job Rights
Since family relationships are the only common respectability of men and women. A husband and wife should choose a job Which is not opposed to the interests of the family and the dignity of a person’s wife. Islam does not know employment for women, as purpose but knows her in the service of the family and its well-being and comfort and accepts employment as one of the ways to enhance the ability and prosperity of women’s talent for their excellence and perfection and believes that women’s employment as far as possible to be in jobs that are more proportionate to the dignity and status of women in society, occupations such as education and healthcare. The conditions and social environment of women should be in a way that providing the basis for their spiritual, scientific and professional development and do not hurt to their religion, character, dignity and mental, physical, and physical health. (Fathi, 1394)
4- Place of support of women’s non-financial rights in Islam
One of the main indicators of the effectiveness of a legal system, foundations and principles Whose legal ideas are based on it. Principles Governing the Family in the Islamic Legislation, we mention some of them in the verses of the Holy Qur’an:
A/ The principle of residence and tranquility, which in the verse “Letsenkuva Eliha” (Roman, 21) introduces the marriage and warmth of the family as the source and generator of this habitation that in the shadow of honesty, tolerance and passage, each of the couples it is the basis for the other gravity and tranquility.
B/ The principle of compassion and mercy, which begins in the verse “and he placed between you affection and mercy” (Roman, 21), whose emotional and rational development, as well as the foundations for the development of a social personality, begins here.
C/ The principle of peace and reconciliation, “and Al-Salah, the goodwill of Allah,” (Nisaa, 128), in this verse explicitly states: “The expediency of the family is of paramount importance to rigor and self-focus and forgiveness and friendship and peace are better in the family. ”
D/The principle of bounty and grace that the Quran says about it: And to forego it is nearer to righteous and do not forget graciousness between you (Baghera, 237) forgiveness and magnanimity and forbearance are blessing Whose observance not only covers the interests of the family but also provides support for the observance of non-financial rights of the parties towards each other.
E/ The principle of narrowness and disadvantage (do not harm them in order to oppress them) (Divorce, 6th)”Never harm your wives and do not put them in the narrowness and pressure. ”
4-1 superior backing of rights
With regard to Islamic teachings, we find that women have been widespread and systematic backing which is much higher than their legal right Here a few examples are mentioned. When in Quran talks about parents, more emphasis is placed on the mother’s rights. In Sura Loghman, after advising on the observance of parental rights, about effort in honoring and dignity to mother says: (And we have enjoined upon man care for his parents. His mother carried him (increasing her) in weakness upon weakness, And his wearing is in two years. Be grateful to me and to your parents, to me is the final destination. In Islam, equality has been emphasized in all areas of life, especially in the case of children, but in this word of God, by ignoring this principle, from girls have been more supported (Tersley, 1382: 89)
4-2 Appreciation and praise of women’s efforts
It should be said that the man breaks down the family center by refraining from gratitude and praising his wife; While appreciation is a weapon in which a man can move his wife in whatever direction he wants to, and by ignoring the badness and leaving the blame and encouraging good deeds can grow interest in doing good things and doing good deeds.
4-3 Compromise with the spouse
Imam Sadiq (AS) has been narrated that the Messenger of Allah Mohammad (pbuh) said: “The right of a woman to her husband is to feed him and cover him and If he slipped and made a mistake forgive him” and also the messenger of Allah says: “The best men of my nation are those who do not oppress their family and do good to them” In the words of the Prophet and Amir al-Mu’minin Imam Ali (AS), he has repeatedly advocated tolerance with women and compassion with them. The Messenger of Allah (PBUH) said: “Gibreel ordered women so much that I suspected that they would boycott the divorce and said that they would behave well with them.”
4-4 Qur’an and good conduct
In the Qur’an, this advice is sometimes expressed in brief, like verse 228 of Surah al-Baqara, which state، and due to the wives is similar to what is expected of them, according to what is reasonable. And sometimes expressed in detail like: (Baghera, 229) “Divorce is twice, then either keep[her]in an acceptable manner or release[her]with good treatment.” In another verse says: (Divorce, 6), “Take counsel and compromise on the basis of good behavior.” In divorce sura when he spoke about the rules of eddeh, says: (Divorce, 1), O Prophet, when you [Muslims]divorce women divorce them for[the commencement of]their waiting period and keep count of the waiting period, and fear Allah ,you Lord. Do not turn them out of their [husbands’] houses, nor should they themselves leave [during that period] unless they are committing a clear immorality. And those are the limits [set by] Allah. And whoever transgresses the limits of Allah has certainly wronged himself. you know not, perhaps Allah will bring about after that a different matter.
4-5 Emphasis on counseling in the family support of the wife
In Islam, counseling has been emphasized as a criterion for the growth, recognition and expansion of insight. As God as a general principle to the Prophet says: [ consult them in the matter] (Al-Imran, 159) In the verses of the Qur’an, the consultation of the woman and the man in the family is also important: [if they both desire weaning through mutual consent from both of them and consultation, there is no blame upon either of them] In civil law, Article 1104 refers to the following: “The couples should be for the welfare of the family and the education of their children to cooperate with each other.”
4-6 Ethical support for preserving women’s dignity
From the perspective of Islam, women in the family play a central and important role, her vital role in educating the generation, in organizing the thoughts and nerves of family members as a powerful director, the source of developments in nature and fate, is clear. As the Holy Prophet (pbuh) said: “They do not respect women, unless holy men, and do not insult them, unless miserly men “
4-7 Emphasis on the negation of violence against women in Islamic law
In Islamic teachings, all forms of violence against all human beings are forbidden and respectful of individuals, and tolerance and compromise in social relations have been emphasized. God says: (al-Baqara, 229) [And it is not lawful for you to take anything of what you have given them unless both fear that they will not keep within the limits of Allah, then there is no blame] In this verse, men are prohibited of any aggression against the property and the inviolability of women’s dignity. Also, in verse 237 of Surah Baqara, he says: “Do not harass and harm them, they are in distress and suffering” Accordingly, the lawmaker of Islam forbids man from imposing any kind of injustice and inflict losses in the form of prohibition and negation and by saying the forgiveness the principle in common life, says (Baghera, 237) [do not forget graciousness between you] Emphasizes ethical virtues and the promotion of favorable and desirable human methods.
The conclusion
As a result, the Islamic religion has emphasized the rights of women, especially on non-financial rights, and in this regard, many orders have been made to men about protecting the rights of women in the family as the mother of the spouse. Good companionship and deserving behavior of men and his sovereignty and consistency based on the principle of charity and mercy and away from any violence and bullying, it will be a major factor in creating peace and security in the living environment. Therefore, it will also affect other family members. On the other hand, male deserving behavior is the most important factor in the creation, subjection and influence of a spouse. In the present era, there are some critics and vindictiveness opposed to religion by addressing the issue of the violation of women’s rights and violence against women by Islam, they have tried to make allegations against Islam with a magnification and it is worsened that some people also seek to deviate from the method of understanding the texts of the Qur’anic verses, relied on them inaccurate and unfair methods permitted in the case of women, the female character is violated in the family and in the presence of the children. Contrary to the claims of some anti-religious abusers who consider violence against women as exclusive to Islamic countries, violence in the lives of millions of women across the world has affected various social classes with different economic and educational backgrounds. The aim of the enemies of Islam from posing some problems that prevent Muslims from understanding the issues of Islam and limit religion to worship, either in appearance, ineffectual or imperfectly and inefficiently manifest the Islamic laws in the management of life, Deprive the cultural identity of the Muslim community and with the design of the “New World Order” and “Globalization of Culture”, and so on increase the development of foreign domination and culture.
References
- Payam, Ali (1393) Women’s non-financial rights in international documents, AIHRC.( Afghanistan Independent Human Rights Commission.)
- Tarseli, Zahra (1382) Jurisprudence and Family Law (Saying True), No. 29.
- Hataminzhad, Abbas (1392) Non-monetary rights and duties of couples to each other and review, Allameh Tabatabaei University, Faculty of Political Science, MSc.
- Azimzadeh Ardebili, Faezeh, Mohammadi Arani, Akram (1391) The Role of the Convention in the Interpretation of Non-Financial Laws of Couples, Quarterly Journal of Islamic Jurisprudence and Law, Vol. 8, No. 28.
- Fathi, Mahvash (1394) Non-financial rights and duties of couples in law, Mehrkhane.
- Katozan, Naser (2006) Property Rights, Fourteenth Edition, Mizan Publishing.
- Khademasghadi, Mahboobeh (2011) Non-financial rights and duties of couples in civil rights of Iran and the Convention on the Elimination of Discrimination against Women, Islamic Azad University, Central Tehran Branch, Faculty of Law.