الوثيقة الحقوقية للمرأة الفلسطينية دراسة فقهية مقارنة
Date
2021-01-06
Authors
فاطمة طارق مصطفى حميدة
Fatima Tariq Mostafa Hamida
Journal Title
Journal ISSN
Volume Title
Publisher
جامعة القدس
Abstract
This thesis, entitled “The Document on Legal Rights for Palestinian Women: A Comparative Study of Islamic Jurisprudence” comes in four chapters. It begins with a presentation of the Document of Legal Rights for Palestinian Women, starting with the basis of the Document which does not consider Islam as a cornerstone. Then the thesis discusses the Sharia violations within the Document: in areas related to marriage, and in political, social and civil areas.
The First Chapter presents the Document and the bodies behind it. The Second discusses the violations to Sharia in cases related to marriage: The marriage of a Muslim woman to a non-Muslim, the marriage of minors, guardianship in marriage, curatorship, and polygamy.
The Third Chapter discusses the political issues part of the Document: Women as Great Imams, women as judges and the electoral quota.
The Fourth Chapter discusses civil and social matters: honor killing, testimony, travel, and miscarriage.
The researcher concluded a number of recommendations, mainly: The Document on Legal Rights for Palestinian Women does not consider Islamic Sharia to be a cornerstone: Many items of the Document explicitly violate Sharia, including the call for marriage between Muslims and non-Muslims without constraints; the call for women to occupy all positions including that of a Great Imam; the excessive restraints for polygamy; and allowing miscarriages without any restrictions.
The Document most perilous aspect is that it seeks to be unwillingly imposed through the form of binding legal provisions which will restrict family lives, dismantle families and make the public liable for penalties if they decide to abide by Sharia in their personal status matters.
The researcher recommends awareness against the dangers which may stem from such a Document, being alert from the bodies behind the Document, stand up against it, prevent its enactment into legislation, and make the public aware of Sharia’s provisions which guarantee their timely and hereafter’s happiness.