Toward constructive harmonisation of Islamic family law and CEDAW: a study on the UAE’s reservation to CEDAW Article 16 and equal rights to marriage and family relations

Abstract

ABSTRACT The purpose of this study is to provide an evaluation of the United Arab Emirates’ (UAE) reservations to the Convention on the Elimination of All Forms of Discrimination against Women’s (CEDAW) Article 16 through the frame of constructive harmonisation between Islamic family law and CEDAW. It has been divided into two sections: firstly, women’s rights in Islamic family law, and secondly, the UAE’s reservation to CEDAW Article 16 and equal rights to marriage and family relations. The study concluded that gender equality under CEDAW and the complementarity principle of Shari’ah are two different concepts, since complementarity includes gender differences, but equality does not. According to the study, both concepts can be helpful in identifying areas of harmonisation since most Arab countries, including UAE, have enacted or amended laws that interpret Shari’ah in a way that is compatible with Human rights treaties, including CEDAW. As a result, the UAE may not be able to maintain most of its CEDAW reservations, including Article 16.