Many State parties to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) assert that they cannot fully implement the Convention because it is in conflict with Shari‘ah, or family laws and practices based on the Qur’an. The Musawah research project on CEDAW examined the reports of 44 Muslim majority and significant minority countries (2005-2010) that justify not implementing portions of the treaty based on these perceived conflicts.
Finding that the full implementation of CEDAW is compatible with Islam, this Musawah report documents the trends identified in the review, and presents responses to these justifications based on Musawah’s Framework for Action. This framework, conceptualised and developed through a series of meetings and discussions with Islamic scholars, academics, activists and legal practitioners from approximately 30 countries, represents a holistic approach to integrating Islamic teachings, universal human rights, and national constitutional guarantees of equality with the lived realities of Muslim women and men.
The research reviewed all OIC member countries that reported to the CEDAW Committee between the years 2005 and 2010. Some of these countries reported twice during this five-year period. Four non-OIC countries with significant Muslim minority communities who are governed by Muslim family laws—India, the Philippines, Singapore and Thailand—were also selected for analysis. For each country included in the study, the main documents related to the CEDAW process were reviewed for approaches, language, arguments and justifications used by the three main entities involved in the reporting process.
Key Findings:
Many of the State party justifications rely on the simplistic excuse that the laws and practices are based on Shari’ah and are therefore immutable, or that customs, traditions and culture prevent any immediate change.
Recommendations:
- Emphasise that family laws that perpetuate inequality in the family cannot be justified on religious grounds.
- Promote human rights standards as intrinsic to Islamic teachings, national guarantees of equality and non-discrimination, and lived realities of men and women today.
- Encourage States parties to incorporate and reflect international human rights norms and standards namely CEDAW’s notion of equality and non-discrimination in their programmes, policies and laws.
- Recognise that resistance to reform of Muslim family laws often stems from reasons beyond ostensible religious grounds, such as patriarchy disguised as religion or political pressure within a country.
- Recognise and examine the links between discriminatory family laws and violence against women (VAW) and expand the violence against women discourse to include family law reform.
- Encourage open and inclusive public debate with States parties, within Muslim societies and within the international human rights system regarding diversity of opinion and interpretations of religious laws and principles relating to family laws and practices.
- Encourage the international human rights community, including States parties, Treaty Body experts, community leaders and members of civil society to establish precedents and space for a nuanced understanding of culture, within a more expansive understanding of universal human rights.
- Recognise and support the women and men who are engaging in processes of reform of family laws and protection of existing rights in ways that take into account religious values and universal human rights and that move the family towards relationships of equality, justice, dignity and mutual respect.
- Recognise and respect the importance of international human rights standards to Muslim women, because such standards guarantee women a voice in defining their culture.
- Incorporate procedural changes to prioritise issues of Muslim family law during the CEDAW review process.
