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زواج المسلمة بغير المسلم في ضوء الاتفاقيات الدولية
Keywords: Difference of religion – non-Muslim – the right to marry – religious discrimination – international conventions – CEDAW.
PROCEEDINGS OF 8th INTERNATIONAL LEGAL ISSUES CONFERENCE
Faculty of Law / Tishk International University
Date:1-2. February 2024
Venue: Kurdistan Region- Erbil
ISBN: 979-8-9890269-1-3
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Abdul Haq bin Maymouna
Researcher and legal advisor, Work programs coordinator
Directorate of Labor in M’sila
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Abstract
The Islamic religion did not permit a Muslim woman to marry a non-Muslim, and the Islamic Ummah also agreed on the sanctity of this marriage, and the scholars agreed on the sanctity of marrying a Muslim woman from the Biblical because there is no text that excludes any non-Muslim to marry a Muslim woman.
The prohibition of a Muslim woman marrying a non-Muslim is absolutely established by the Holy Qur’an, the Sunnah of the Prophet and the consensus of the scholars, regardless of the religion of the non-Muslim, that is, whether this non-Muslim is biblical, Jewish or Christian, or has no religion.
International agreements stipulate the right to marry without religious discrimination. They do not make religion a manifestation of discrimination between people, but rather recognize for everyone, male or female, the principle of freedom to marry without any restriction due to religion. Non-discrimination in the enjoyment of human rights is evident in all treaties. basic human rights, which is the general principle contained in the Universal Declaration of Human Rights,
The problematic around which this paper is centered is, what is the position of international conventions on the difference of religion in the exercise of the right to marriage, what are the starting points for establishing the right to marry without religious discrimination, and what are the justifications for considering it a basic right?
المراجــــع
– الاتفاقيات الدولية :