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College of Law, Sumer University

كلية القانون جامعة سومر

P-ISSN: 3081-1082
Researchers in the field of law

The impact of Arab states' adherence to international agreements related to the family under the influence of Islamic Sharia law: A comparative analytical study

Abbas Shatoul Hamoud Al-Shammari

Abstract

The family is the fundamental unit upon which society is built. The level of cohesion and harmony within it largely reflects the strength of the social structure and the power and stability of the state. From this perspective, the family has received special attention throughout various stages, beginning with religious teachings, passing through national legislation, and culminating in international agreements that sought to regulate and protect various aspects of family life. However, a clear disparity exists in the methods of regulating legal protection for the family between national legal systems and international agreements. Domestic legislation often aims to preserve the cultural and religious particularities of society, while international agreements tend to establish general standards that may limit the state's freedom to regulate certain family matters according to its specific circumstances. This disparity is attributed to the different reference points upon which each is based. Legislation in Arab countries derives its foundations from religious principles, while international agreements stem from secular orientations without sufficient consideration for the doctrinal and cultural differences between societies. This difference has generated a kind of tension in regulating family relations, which has manifested itself in one way or another in the rise of certain problems within Arab societies. This necessitates the adoption of a balanced legal approach that aims Taking advantage of the guarantees provided by international agreements while simultaneously preserving religious principles and cultural specificities, in order to achieve effective protection for the family without compromising its fundamental elements.

الكلمات المفتاحية: International agreements - Arab countries - Women - Children.