The Application of Shari’ah and International Human Rights Law in Saudi Arabia
Abstract
This document represents a Teses and Dissertations on Application of Shari’ah and International Human Rights Law in Saudi Arabia. The dissertation provides an analytical and comparative study of the application of Islamic law (Shari’ah) and international human rights law in the Kingdom of Saudi Arabia. It provides an analysis of the sources of Islamic law as well as the sources of international law to set the background for analysis and defines the nature of both laws. It also tackles the subject of the domestic application of international human treaties in Saudi Arabia. In addition, it examines some reservations Saudi Arabia has entered to some of the international human rights treaties it has ratified, specifically the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC). The dissertation discusses some rights of women before Saudi courts in family matters, an issue which has been criticised by some international human rights treaties, and examines to what extent the country has managed to tackle the issue of domestic violence, particularly violence against women. It provides an overview of the major causes of domestic violence against women in Saudi Arabia, presents some cases of domestic violence before Saudi courts and sheds some II light on the measures taken by the Saudi government to combat domestic violence against women. It also tackles this issue both in the international and domestic legal frameworks, clearly stating the Islamic standpoint on the issue, namely that Islamic law, and Saudi Arabia for that matter, whose laws are essentially derived from the two main sources of Shari’ah. It also discusses the common forms of violence against women in Saudi Arabia and suggests a number of recommendations towards more effective protection of women against violence in the country. The dissertation concludes by presenting a number of obstacles in the way of executing judicial decisions in the Kingdom as well as the obstacles which negatively affect the performance of the new code of law practice. It also presents some recommendations concerning personal status law obstacles and hindrances to progress and attempts to answer the research questions it has posed.
Added by
CAWTAR
| 2017-12-22 11:58:30
Document Type
Report
Source
School of Law, Brunel University
Keywords :
Domestic violence// Violence against women // Gender based violence// Victims of domestic violence// women's rights // Rights of victims of violence //Domestic Violence Act // Awareness about laws//Wife abuse//Physical violence//Psychological violence//Sexual violence//Indicator//Family law// Rap/ Sexual harassment //Adaptation to violence// Marital violence//Saudi Arabia//Spousal violence//Violence against women in Saudi Arabia// violent relationship//Patriarchy//Early marriage// Economic violence//Divorce//Early marriage//Marriage requirement// Husband authority// Wife Disobedience//Crime//