An analysis of women's status in the muslim system as opposed to the european

AuthorOana Ghita
PositionLaw Faculty University of Craiova, Craiova, Romania
Pages38-45
AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs
ISSN 1843-570X, E-ISSN 2067-7677
No. 4 (2015), pp. 38-45
38
AN ANALYSIS OF WOMEN'S STATUS IN THE MUSLIM SYSTEM AS OPPOSED
TO TE EUROPEAN
O. Ghiţă
Oana Ghiţă
Law Faculty
University of Craiova, Craiova, Romania
Corespondence: Oana Ghiţă, University of Craiova, Law Faculty,
107D Calea Bucureşti, Craiova, Romania
E-mail: ghita.oana@gmail.com
Abstract:
Article 14 of the ECHR Convention guarantees women the same rights as men. This is
just one example. Gender equality is recognized in the Romanian legal system from the
constitutional level Article 16. The Coran guarantees equality between women and men.
How is the woman subject to the protection of her husband in each of these law systems? We
propose to analyze this in this article.
Keywords: Islam, Muslims, women's rights, marriage, ECHR.
Introduction
Both from a structural and especially substantive point of view, the legislative system
in Europe is very different from the Muslim system, even if over time there have been attempts
at dialogue in the sense of near convergence of the two great systems.
In this study, we propose a brief analysis of what married life means for Muslim
women, compared with the rights and obligations of married woman under legal texts at
European level in general, and in particular her status as regulated by the Romanian
legislation. Interest in this subject lies in the controversy that the “Western world” and the
“Muslim world” grant women rights that place her in an uncertain area the woman is
protected by or subject to environment in which “functions”?
1. Common Legal Principles Applied Differently
In order to understand and analyze how the state of Muslim women is regulated, we consider
it necessary to look at a few aspects of the Islamic legal system.
For Islam, the Qur'an is the central reality around which all other beings and things revolve.
The Qur'an contains the message that helps to maintain the pact between man, the servant of
God, and God
1
. It is not the written text of the prophet Mohammed but the word of Allah to
the prophet who is just a messenger. From the legal point of view, the Qur'an along with the
Shari'ah is the basis of Islamic law.
1.1. The Principle of Equality of Rights
Equality of the sexes is presented and interpreted from the Qur’an: "Do you despise
the work of any of you, male or female, for one from another on moving" (3: 195)
2
We will see many such texts in the Qur’an, but none that actually confers gender
equality or any non-discrimination principle as owe are accustomed to in the European
Convention on Human Rights or domestic provisions of our state.
Moreover, we shall see this equality treated in a manner different from the European
way, because man and woman are equal to where differences occur natural, physical and
1
Ş. Reşceanu, Islamul între istorie şi modernitate, Ed. Universitaria Craiova, 2007 , p. 27.
2
Y. Al-Qaradawy, Statutul femeilor în Islam, Ed. Taiba, Bucureşti, 2008, p. 23.

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