ABSTRACT: This paper provides a concise historical review of women’s rights within Islam and examines their alignment with international legal standards. The primary aim of this study is to analyze and compare the fundamental principles, historical developments, and existing challenges in the domain of women’s rights from both theoretical and practical perspectives. It highlights the status of women prior to Islam and the significant transformations that occurred with the advent of the Islamic faith, particularly in areas such as spiritual equality, education rights, financial independence, and social and political participation. While emphasizing these advancements, the study also acknowledges the existence of divergences and varying interpretations in certain contexts. Conversely, international law—shaped by global movements and articulated through numerous treaties and conventions, notably with the influential role of the United Nations and global women’s conferences—prioritizes gender equality and guarantees women’s rights across political, social, economic, cultural, health, and property domains. The findings indicate that, although both systems recognize women’s rights, differences exist in their theoretical foundations, interpretations, and practical challenges. Major obstacles include conflicts between international norms and cultural values or traditional interpretations in some societies, the impact of patriarchal structures, and practical barriers to full realization of women’s rights. Overall, the study emphasizes that both legal frameworks possess the potential to advance women’s rights. A constructive interaction between Islamic principles and international standards—accompanied by the identification and mitigation of cultural, social, and economic barriers—can serve as an effective step toward full realization of women’s rights and societal progress. Neglecting women’s roles and rights, however, risks perpetuating social and economic disadvantages and stagnation.
SUMMARY: 1. Introduction – 2. Historical Overview of Women’s Rights in Islam – 3. Historical Overview of Women’s Rights in International Law – 4. Conclusion.
1. Introduction
The concept of gender and its relationship with law has fluctuated over time and across different contexts, often encompassing a wide range of laws and responsibilities governing women and men. The use of the term “gender” rather than “sex” typically indicates that the discussion extends beyond biological differences and includes the legal significance of gender roles and the shared understanding of these roles. Until the late 20th century, an individual’s gender was a fundamental determinant of their legal rights.
The rights of women within both Islamic and international legal systems are complex and extensive, particularly across social, economic, and political spheres. Each legal system approaches and interprets women’s rights through its own foundational principles.
Islam, as a comprehensive religion, has established specific rights and obligations for women. Among key points are:
- Equality of Rights: Tahar al-Haddad1 emphasizes the equality of women’s and men’s rights in accordance with the spirit of Islam, asserting that any form of inequality contradicts the objectives of the religion.
- Social Roles: Women historically played active roles in social, economic, and political domains during the early Islamic period. These participation efforts reflect Islam’s emphasis on women’s presence in society while maintaining their human dignity (Bashiriyeh, 2018).
The aim of international law, likewise, is to enhance women’s rights, notably through various treaties and conventions. Primary among these principles are:
- Gender Equality: International organizations underscore the importance of eliminating legal and social barriers to achieve this goal.
- Cultural Challenges: In many cases, conflicts arise between Islamic cultural values and international norms, necessitating further exploration and resolution.
In Iranian families, women play a vital role; their exclusion might threaten the stability of the family system. Our society places particular importance on this aspect; therefore, it is expected that within the framework of the Islamic Republic, Sharia, and religious principles, the conditions and rights of individuals are explicitly addressed in legislation and legal provisions.
The position of women’s rights in Islam and international law demonstrates a variety of perspectives and existing challenges. Both systems can achieve significant progress in women’s rights through constructive engagement, integrating Islamic values with international standards (Amini, 2014).
2. Historical Overview of Women’s Rights in Islam
During the pre-Islamic era, commonly referred to as the Age of Ignorance (Jahiliyyah) in the Arabian Peninsula, women’s rights were severely restricted. Women faced numerous inequalities, exemplified by the practice of burying female infants alive—a widespread atrocity of that time. Men generally exhibited possessive and exploitative attitudes toward women, treating them as property rather than individuals. Over 14 centuries ago, the Prophet Muhammad initiated a series of reforms guided by divine revelation through the Quran, leading to profound transformations in the status and rights of women in Arab society (Motahari, 2002).
With the advent of Islam, significant advancements occurred regarding women’s rights. The Quran explicitly condemned the practice of female infanticide (as stated in Surah An-Nahl, verses 58-59) and underscored the spiritual equality of women and men (Surah Al-Imran, 195). Women were granted the right to participate in political affairs and engage in wartime. The Quran frequently addresses believers as a whole, and in certain contexts, specifically mentions women—particularly in Surahs An-Nisa, Al-Ma’idah, An-Nur, and Al-Mu’minun—highlighting various social and legal rights. Notably, only in a few instances, such as the permissions of polygamy, the inheritance rights favoring men, and the prescribed punishments, does the text illustrate male dominance over females (Sadeghi Tehrani, 2007).
The Quran explicitly states that Allah created men and women from a single soul (nafs), establishing the fundamental spiritual equality of both genders. Based on this, Muslim women can indeed aspire to spiritual knowledge and leadership. Historical records abound with examples of learned women scholars who followed male students and vice versa. Some prominent Islamic jurists (fuqaha) studied under female scholars, and several women authored treatises on Islamic jurisprudence (fiqh) (Nay Ibn Sa’doun, 2005).
This historical fact reveals an additional dimension of Islamic Shariah—its emphasis on education. The Quran repeatedly underscores the importance of knowledge and learning; for example, it prays, “Increase me in knowledge,” and states, “God elevates the ranks of those who possess knowledge.” The Prophet Muhammad also emphasized the pursuit of knowledge as a religious duty for all Muslims, regardless of gender. As a result, even during the Prophet’s lifetime, Muslim girls were educated and trained. It is reported that, although the Prophet himself was illiterate, his wife Hafsa was literate and could read and write (Ahmad Panahi and Sabour, 2016), (Ameri, 2016).
Islamic teachings on education and upbringing have long been highly regarded and are currently reflected in many countries’ policies. For example, Saudi Arabia has made significant efforts to promote education among girls and women. Only the Taliban has denied women the right to education—a clearly unconstitutional violation of Islamic rights embedded within the faith and contrary to the broader Islamic socioeconomic principles rooted in gender equity and justice (Shojaei and Jalali, 2016).
A Muslim woman has the right to maintain her finances independently. Even if she possesses wealth, she is entitled to full financial support from her husband and can save her money or invest it to start her own business. Additionally, according to authentic Hadiths, Muslim women do not typically change their family names upon marriage, a practice that has often astonished others in different societies (Ranjbarzadeh, 2022).
Despite opposition and opposition voices heard in some Muslim countries, the Quran explicitly recognizes women’s right to vote and participate in public affairs. Furthermore, a Muslim woman’s consent is essential for the legitimacy of marriage; her approval is a prerequisite for a valid contract. However, many young Muslim women are subjected to early marriages coerced by parental pressure. Classical Islamic jurisprudence permits a young woman to annul her marriage after reaching the age of maturity, even if she initially agreed to the marriage, recognizing her right to refuse. Unfortunately, many Muslim women may be unaware of these legal provisions or lack the capacity to resist patriarchal pressures that limit their autonomy and choice in marriage (Abdolzadeh and et, 2016).
According to classical Islamic jurists, Muslim women are not obligated to perform household chores. Their rationale is based on the understanding that marriage is a contract for companionship and cooperation, rather than a service-based relationship. This perspective stems from interpretations of Quranic texts regarding marital relations, which emphasize mercy, love, and tranquility. The Quran states:
“And among His signs is that He created for you from yourselves mates that you may find tranquility in them; and He placed between you affection and mercy. Indeed, in that are signs for people who reflect.” (Surah Ar-Rum, 21)
Hence, the foundation of the marital relationship in Islamic law is emotional and spiritual harmony, not service or labor. The Islamic family law, which governs matters such as marriage, divorce, custody, and other family-related issues, often specifies that one of the duties of women is to manage the household and family affairs. However, research indicates that the perceived obligation for women to perform household work primarily stems from social and cultural norms rather than from Islamic doctrine itself.
Islamic jurisprudence grants Muslim women the right to initiate divorce (khula) at their own volition, even though divorce is considered a serious and solemn act. Nonetheless, until recently, laws concerning personal status in many countries did not fully reflect this right. Today, only in a few countries, such as Egypt and Jordan, are these provisions explicitly implemented. In many other states, patriarchal interpretations grant men unconditional rights to divorce, thereby depriving women of similar rights.
Given these circumstances, education is critically important—not only for non-Muslims about Islamic principles but also for Muslims themselves, especially women. Raising awareness and understanding of women’s rights within Islamic law can contribute to societal progress and the empowerment of women in Muslim communities (Ghotbian and Khodadadi, 2016), (Hosseinpour, 2016).
3. Historical Overview of Women’s Rights in International Law
Numerous movements dedicated to women’s rights have historically operated across the globe, continuously advocating for the recognition and advancement of women’s status. These movements have prompted scholars and international institutions to develop mechanisms for support and reform. As a result of this heightened awareness, a series of legal instruments, commitments, conventions, and international conferences have been established, creating obligations for states to uphold women’s rights.
Within the framework of the United Nations, multiple resolutions have been adopted concerning the legal status of women. The Beijing Platform for Action, which exemplifies the tangible efforts of both governmental and non-governmental organizations at the international and national levels, remains the largest and most comprehensive UN conference since its founding (Khorsandi Sarteshnizi and Esmaeili, 2022).
Four global conferences on women organized by the United Nations represent pivotal moments in the advancement of women’s rights. These conferences provided essential frameworks for action, fostered grassroots movements, and significantly influenced international policy, thereby facilitating notable progress in addressing systemic gender inequalities. They emphasized various issues including education, health, political participation, and economic empowerment. The 1995 Beijing Declaration and Platform for Action marked a turning point by articulating twelve critical areas necessary for advancing women’s rights. Although the outcomes of these conferences were not legally binding, they paved the way for concrete international legal instruments, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Nonetheless, these conferences continually emphasized the importance of sustained global efforts to achieve equal rights (Mashhadi and Seyed Naseri, 2018, Volume 1) , (Mashhadi and Seyed Naseri, 2018, Volume 2)..
The first UN Global Women’s Conference was held in 1975 in Mexico City within the framework of the International Women’s Year, serving as a decisive moment toward gender equality. This conference laid the groundwork for subsequent international policy initiatives and contributed to establishing vital frameworks for women’s rights. Its primary focus was on the necessity of improving women’s social, economic, and political conditions, as well as emphasizing women’s health and education.
The second UN Global Women’s Conference took place in Copenhagen in 1980, amid conditions recognizing full women’s participation as essential for sustainable development. The third conference was convened in Nairobi in 1985 to assess the progress achieved after the two preceding conferences. It called for improvements across various sectors, including education, health, economic and political participation, and the elimination of violence against women. This conference marked a significant milestone in the international recognition of gender-based violence as a critical issue requiring targeted actions (Mowlaverdi, 2017).
The fourth conference in 1995, held in Beijing, aimed to adopt a new strategic framework for advancing women’s rights. It emphasized transforming social, cultural, and political structures that perpetuate gender disparities, with the goal of achieving substantive gender equality. The Beijing Platform for Action, while not legally binding, played an influential role through legislative and policy measures in institutionalizing gender equality. Overall, although the documents produced by these conferences are not directly enforceable, they laid the groundwork for key international obligations and commitments.
Despite the progress facilitated by these conferences, they underscore the ongoing necessity for collective, sustained action to overcome remaining challenges. Achieving genuine gender equality requires continuous global commitment and the empowerment of women across all spheres of life.
At the beginning of the 20th century, women in the United States and most European countries, including New Zealand, Australia, and Finland, gained the right to vote. Following the establishment of the United Nations, women’s rights began to be recognized as a fundamental component of human rights. The Convention on the Political Rights of Women was the first independent international treaty to explicitly acknowledge women’s right to participate in elections, hold public office, and access state services on equal terms. By 2023, nearly all countries had formally recognized women’s suffrage; however, exceptions to this still persist.
In Africa and South Asia, women are often deprived of their basic rights regarding access, ownership, control, and inheritance of land and property. Many women lack purchasing power and typically access land and housing only through male relatives. It is estimated that approximately 41% of female-headed households live below the poverty line, and about one-third of women worldwide are displaced, homeless, or lack adequate housing. The UN Special Rapporteur has confirmed the dire living conditions of women globally, noting that in nearly all countries—both developed and developing—the legal security of women heavily depends on male relatives. Overall, women tend to have less legal security than men (Vojdan-e-Talab Foumani, 2013).
International standards firmly recognize women’s rights to property ownership, inheritance, and control over assets and wealth. Despite this, the persistence of discriminatory policies, customs, traditional practices, and cultural views in some countries continue to deprive women of their legitimate rights.
The right to health is considered a fundamental human need, and its crucial connection to human rights has attracted significant attention from international bodies. Today, the importance of women’s roles in society and their contribution to sustainable development are undeniable. Consequently, women’s health and well-being have become key priorities for governments worldwide. Over recent decades, women’s health and social welfare—comprising roughly half of the population—have been recognized not only as human rights but also as vital to family and community health and stability. The right to health has been explicitly recognized within the international legal framework, and numerous international instruments emphasize the importance of physical and mental health.
Most conventions, declarations, and international treaties focus on promoting gender equality across various sectors. Member states are obligated to uphold these principles of equality in all relevant domains. Regarding employment, protecting women’s rights relates closely to civil rights issues and requires proactive government measures. When women enter the workforce and assume social responsibilities, employers and society must acknowledge that working under equal conditions does not imply identical biological or innate differences. Instead, it necessitates recognizing their unique physiological and inherent characteristics and respecting their specific needs (Dehnavi, 2013).
The right to women’s education, as part of human rights at the international level, has navigated a complex path shaped by social, political, and cultural changes throughout history. In early civilizations, women’s education was limited and mostly confined to nuns and noblewomen during the Middle Ages. The Industrial Revolution and emerging feminist movements expanded access, transforming women’s education from exclusive and limited to broad and widespread. Numerous conventions explicitly prohibit gender-based discrimination in education and guarantee equal access for women. Research indicates that women’s education has a direct and significant impact on sustainable growth and development.
Regarding guardianship, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) emphasizes shared custody, recognizing the importance of both parents for the upbringing and care of children. It promotes shared custody arrangements as a replacement for the custody restrictions traditionally outlined in Islamic jurisprudence.
In conclusion, states must identify and eliminate all economic, social, and cultural obstacles that hinder women’s enjoyment of their legal rights. Societies in which women are marginalized risk social and economic stagnation, cultural poverty, and restrictions on growth and development. Equitable participation of women is essential for fostering dynamic, resilient, and progressive communities (Fakur and et, 2016).
4. Conclusion
This article has conducted a comparative analysis of the historical evolution and current status of women’s rights within two legal frameworks: Islamic law and international law. The research demonstrates that Islam, commencing over fourteen centuries ago, brought about fundamental and substantive reforms in the status of women compared to the pre-Islamic era of ignorance. These reforms included recognizing spiritual equality, the right to education for all, financial independence, property ownership, and enabling women to participate in social and political spheres.
Conversely, international law—particularly in recent decades—has progressed significantly under the influence of women’s movements and international organizations such as the United Nations. Through the development of conventions, declarations, and global conferences, it has established robust legal frameworks aimed at achieving gender equality and securing women’s rights across all facets of individual and social life. These rights encompass political, economic, social, cultural, health, and property rights.
Despite notable advancements and shared commitments to women’s rights, there remain considerable differences in underlying philosophical principles, the scope of protected rights, and the practical challenges faced in implementation within both systems. Traditional interpretations within some Muslim societies, especially regarding personal status laws and family relations, sometimes conflict with international norms, leading to tensions. Additionally, deeply rooted patriarchal structures and discriminatory customs prevalent in many societies—both Islamic and non-Islamic—continue to impede the full realization of women’s rights. Limitations persist in areas such as property rights, inheritance, custody, divorce, and equal access to opportunities and resources.
Overcoming these obstacles and fully realizing women’s rights necessitates comprehensive and coordinated action among governments, educational institutions, and cultural organizations. The role of states in identifying and dismantling legal, social, and economic barriers that deny women their rights is critical. Public education campaigns, particularly targeting Muslim women and communities, about their genuine rights within Islam, are of particular importance. Moreover, fostering constructive dialogue based on mutual respect between Islamic values and international human rights standards can contribute to devising innovative and effective solutions for advancing women’s rights.
As highlighted in this article, a society that dismisses the status and capabilities of women faces stagnation and regression in not only the domain of human rights but also in every aspect of social, economic, and cultural development. Accordingly, empowering women and ensuring equal rights are fundamental human rights demands vital for sustainable development and social well-being.
1 Tahar al-Haddad was a Tunisian scholar and reformer known for advocating women’s rights and social reform within an Islamic framework. His writings emphasize gender equality consistent with Islamic principles and are influential in discussions on women’s rights in Islamic contexts.
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