Resolution No.(132),(10/2009) by the Board of Iftaa`, Research and Islamic Studies:
“Articles (15) and (16) of CEDAW Convention"
Date: 1/8/1430 AH, corresponding to 23/7/2009 AD.
All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
During its session held on the above given date, the Board reviewed articles (15) and (16) from the “CEDAW CONVENTION” which calls for absolute equality between men and women.
The Board has dwelled on the following verse: “And in no wise covet those things in which God Hath bestowed His gifts More freely on some of you than on others: To men is allotted what they earn, and to women what they earn: But ask God of His bounty. For God hath full knowledge of all things.” {An-Nisa`/32}. The Board would like to clarify that the legal is what Allah has made legal and the illegal is what Allah has made illegal. Allah has created both the male and the female, and He is aware of His creation. His law has equalized between men and women in aspects where they are equal such as belief, the right to education, ownership, choosing a spouse, and the like, within the boundaries of Sharia.
He has favored woman over man in aspects where she had surpassed him, such as the right to child custody in case of separation, because her Fitrah (natural disposition) enables her to raise children. He has also favored her with the right to receive kind treatment from her children.
On the other hand, He has favored man over woman in aspects where he had surpassed her, such as the ability to make a living; therefore, man is obliged to provide for his family. Allah Has also Favored him with the ability to fight, and this is why he is obliged to bear arms to defend his homeland when necessary.
Therefore, whatever violates the rules of Sharia from the “CEDAW CONVENTION” is forbidden and impermissible to put into effect, such as a wife`s freedom in movement and residence, because this undermines the intention behind the concept of the family which Sharia came to protect. Also, a Muslim woman marrying a non-Muslim man constitutes another violation to the rules of Sharia.
The Board stresses its appreciation to the Supreme Judge`s Department`s stand in rejecting whatever violates the provisions of Sharia from the CEDAW CONVENTION as well as its concern about the family and its related affairs.
The Board hopes that the Jordanian Parliament rejects such legislations which represent a clear violation to Islamic Sharia.
Moreover, it is imperative that every Muslim rejects matters that contradict Allah`s Law. Allah, The Almighty, Says (what means): “the command is for none but God: He hath commanded that ye worship none but Him: that is the right religion, but most men understand not...” {Yousef/40}. And Allah The Almighty Knows Best.
Chairman of the Iftaa` Board, Grand Mufti of Jordan,Dr. Nooh al-Qhodat
Vice Chairman of the Iftaa` Board,
Dr. Ahmad Hilayel
Sheikh Abdulkareem al-Khasawneh/ Member
Sheikh Sa`eid Hijjawi/ Member
Dr. Mohammad Khair al-Eesa/ Member
Judge Sari al-Ass`ad/ Member
Dr. Abdurahamn Ibbdah/ Member
Dr. Mohammad Okla/ Member
Dr. Abdunnasir Abulbasal/ Member
Executive Secretary of the Board/ Dr. Mohammad Al-Khalayleh