Sexual Right in Islam and the CEDAW with a Critical View on the Convention

Document Type : Original Article

Authors

1 Associate Professor at Qom University, Philosophy and Theology Department

2 Lecturer at Qom Islamic Seminary

Abstract

There is no contention between Shiite scholars about sexual right of wife and husband except in subtle points. A wife is bound to comply with requests of her husband in sexual affairs if done in appropriate time and place‚ but the wife does not have such right except that husband has to make a copulation every four months and bedfellow every four nights. However‚ according to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), wife and husband have equal rights in this area. Although‚ wife and husband are not morally same in this area‚ but having different rights may at first sight cause one regard the first approach void and reactionary and the second right and progressive. Therefor some writers come across as quite passively with contents of the Convention and others seeking to criticize the Convention are involved with confusion and chaos and this raises the necessity and importance of this study. After explaining the two approaches on sexual right we will illustrate three factors for analyzing the issue i.e. “cultural roots” “characteristics of men” and “the right to legislation” and try to study the Convention's approach based on these factors. In the end, we will have a critical analysis of these factors with an overview of some wrong conclusions before we explain an Islamic opinion on the issue.

Keywords