Jordie Saperia York University
618 Briar Hill Avenue, Toronto, Ontario, M5N 1N2 Canada.
Corresponding Author: jordiesaperia@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Any diplomatic process that is serious about achieving a lasting peace between Israelis and Palestinians must provide an answer to the question: what to do about Jerusalem? The city is ground zero for the Middle East conflict. It is holy to the world's three great monotheistic religions-Judaism, Christianity and Islam. And, with a new U.S. president committed to tackling the Middle East peace process, the question of how to deal with Jerusalem is rendered all the more pertinent and timely. A lesser-known proposition for solving the Jerusalem question is based on an idea in international law called "condominium." The purpose of this Article is to analyze the condominium model as a solution to the Jerusalem question. The conclusion of this Article is that, in the present circumstances, the condominium model is not a compelling template for resolving the territorial dispute over Jerusalem.
Keywords : Jerusalem, Condominium, Middle East, Holy Places, Judaism, Christianity, Islam
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2010.3.1.09
2015년 12월 15일 화요일
Islamic View of Women's Rights: An International Lawyer's Perspective
Ekaterina Yahyaoui Krivenko University of Montreal, Canada
500 Rue Francois, App. 312 Montreal, QC H3E 1G4 Canada
Corresponding Author: ekaterina.yahyaoui@graduateinstitute.ch
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
What is an Islamic view of women's rights? Is there an authentic Islamic interpretation of this issue? The central argument of this article is that there is no unique Islamic view of women's rights and even more, that according to the very nature and spirit of Islamic law itself, there should be no such version. The article starts with an overview of states' international obligations with regard to protection of women's rights. It continues with some examples of implementation of these obligations in several states proclaiming Islam as official religion and source of legislation. This part of the article demonstrates diversity of views existing among such states and insists on the fact that it is not religion itself, but its misuse by patriarchal totalitarian regimes that impedes any development towards improvement of the situation of women in some Muslim states. Finally, the article suggests that international lawyers shall abandon sacralizing religiously framed defenses of certain states and be in contrast more attentive and sensitive to difficulties faced by other Muslim states in their effort to reform and reinterpret Islamic law.
Keywords : Islam, women's rights, CEDAW, reservations, Saudi Arabia, marriage, divorce, rights and obligations of spouses, custody of children.
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2009.2.1.04
500 Rue Francois, App. 312 Montreal, QC H3E 1G4 Canada
Corresponding Author: ekaterina.yahyaoui@graduateinstitute.ch
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
What is an Islamic view of women's rights? Is there an authentic Islamic interpretation of this issue? The central argument of this article is that there is no unique Islamic view of women's rights and even more, that according to the very nature and spirit of Islamic law itself, there should be no such version. The article starts with an overview of states' international obligations with regard to protection of women's rights. It continues with some examples of implementation of these obligations in several states proclaiming Islam as official religion and source of legislation. This part of the article demonstrates diversity of views existing among such states and insists on the fact that it is not religion itself, but its misuse by patriarchal totalitarian regimes that impedes any development towards improvement of the situation of women in some Muslim states. Finally, the article suggests that international lawyers shall abandon sacralizing religiously framed defenses of certain states and be in contrast more attentive and sensitive to difficulties faced by other Muslim states in their effort to reform and reinterpret Islamic law.
Keywords : Islam, women's rights, CEDAW, reservations, Saudi Arabia, marriage, divorce, rights and obligations of spouses, custody of children.
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2009.2.1.04
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