Authors
Abstract
By a comparison between Islamic law and the convention of human rights, we understand that there are some similarities, as well as differences, in these two codes. According to human rights, the marriage is free from the conditions posed by Islam, for example satisfaction of the guardian and being the two persons of the same faith.Though satisfaction of the spouse is necessary in both, and the marriage of the under-age, regardless of his(her) interest is forbidden. On the other hand, duties mentioned in the human rights convention opposes the civil code of Islamic law, according to which, men have been given guardinship over their wives and are obligated to pay maintenance. The convention is also silent towards polygamy and temporary marriage, while Islam has accepted them both. In this research similarities and differences between jurisprudential sources of Islam and documents of human rights have been mentioned, by emphasizing more on similarities, and human and reciprocal rights of husband and wife have been discussed.
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