المهر ومعارضته للمساواة حسب اتفاقية سيداو من منظور شرعي -دراسة نقدية- الباحث عمر محمد ياسر عرنوس

Abstract This study aims to examine the extent to which mahr under Islamic Sharia may conflict with the concept of equality between men and women enshrined in the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), particularly Article 16(1)(c), concerning spouses’ rights and responsibilities during marriage and at its dissolution. It also seeks to introduce CEDAW and its concept of equality, compare it with the Islamic conception of equality, and explain the nature, legal ruling, and Sharia objectives of mahr. The study employs a descriptive, analytical, and comparative approach by presenting the relevant provisions of the Convention, analyzing their implications and connection to the Islamic legal system of mahr, examining Sharia evidence and juristic opinions, and comparing the Sharia perspective with the Convention’s concept of equality. The findings indicate that CEDAW emphasizes equality between men and women in marital rights and responsibilities and that interpreting such equality as requiring complete symmetry may lead to objections to the husband’s exclusive obligation to provide mahr. Islamic Sharia, however, establishes equality based on justice, complementarity, and balance in the distribution of marital rights and duties. The study also finds that mahr is an obligatory and independent financial right of the wife within an integrated system of family rights and obligations; it is neither a price paid for the woman nor consideration for owning her. The study concludes that CEDAW does not explicitly provide for the abolition of mahr and that any conflict between them is interpretive and potential rather than direct and textual. Such a conflict arises only when the equality stipulated in Article 16 is interpreted as requiring complete symmetry between spouses in financial obligations. Keywords: Mahr, Equality, CEDAW, Islamic Sharia, Marital Rights.

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