Genealogy of the concept of the right to marry in the Universal Declaration of Human Rights and its comparison with provisions of the Cairo Declaration on Human Rights in Islam

Document Type : Original Article

Authors

1 Department of International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran

2 Faculty of Law, Shahid Beheshti University, Tehran, Iran

3 Department of Law, Bint al-Huda Higher Education Institute, Qom, Iran

10.22034/j.miu.2022.7836

Abstract

Among the topics of human rights, the issue of the right to marry and its components has the most cultural sensitivity and interpretability. This fact is shown in the drafting process of Article 16 of the Universal Declaration of Human Rights on the right to marriage and family. Since the issue of the right to marry was first introduced into the international literature of human rights through the Universal Declaration of Human Rights, we must know what this declaration says about the right to marry and how this view is interpreted based on the drafting process of Article 16. Therefore, the present study is conducted to compare the viewpoint of Islamic countries during the declaration negotiations and the definition reflected in the Cairo Declaration on the right to marry with what is included in the final text of the Universal Declaration of Human Rights.
For this purpose, the author analyzes the relevant sources in the period from 1945 until date. The findings showed that the Islamic countries in the late 20th century were able to provide a specific view on the issue of human rights in the form of the Cairo Declaration on Human Rights in Islam. It is also found that although religious views did not influence Article 16 of the Universal Declaration of Human Rights to the extent expected, its proposal is worth considering in the United Nations. By issuing the Cairo Declaration on Human Rights in Islam, Islamic countries revised the position of the Universal Declaration of Human Rights on the concept of family and marriage and especially introduced the sacred nature of the family.

Keywords

المصطفی عربی
Volume 4, Issue 5 - Serial Number 5
Special Issue: Family From Islamic Perspective
April 2023
Pages 379-403

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