A COMPARATIVE ANALYSIS OF WOMEN’S RIGHTS IN ISLAMIC AND WESTERN LAWS IN TERMS OF HUDOOD AND TAAZIRAT

Abstract

War is recurrent factor of history that has not only affected the international orders and balance of power, but also impacted the society as general and women as particular. Women have been tortured during domestic and international conflicts. The women’s right violations and human casualties led nations to come up with some legal framework to mitigate and eliminate women suffering during conflicts and crises. The study focuses to draw a research review between Islamic Criminal Laws and Western International Criminal Laws focusing on women’s right. Islamic Criminal Laws has enunciated authentic principles regarding women rights; they cannot be killed during war and should be protected and respected as per their status if they are even Prisoner of War. Along with this, West has developed a lot of legal frameworks and Universal declarations regarding women’s rights in International Criminal Laws. Since the number of women who participated in war was insignificant until the outbreak of World War I, the need for special protection for them was not felt prior to that time. International Humanitarian Laws awarded them some general legal protection as men. If they wounded, women were protected by the provision of the 1864 Geneva Conventions. If women become prisoner of war, they benefited from the regulations of Hague Convention 1899 and 1907 on the Laws and Customs of War on Land. Similarly, under International treaties government are binded by legal obligation of Convention on the Elimination of all form of Discrimination against Women. This convention binds its member states to provide socio-economic and political rights to women and protect them against any discrimination and violence.