PROVISIONS OF MARRIAGE IN THE UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR) AND ISLAMIC PERSPECTIVE: A COMPARATIVE ANALYSIS

Abstract

This article presents a comparative analysis of the provisions of marriage as outlined in the Universal Declaration of Human Rights (UDHR) and Islamic teachings. The study explores the concepts of consent, freedom of choice, rights, responsibilities, polygamy, divorce, and harmonization of human rights and Islamic principles within the context of marriage.

Methodology: The methodology employed in this study involves a comprehensive review and analysis of relevant literature, including texts on human rights, Islamic jurisprudence, legal frameworks, and scholarly interpretations. Primary sources such as the UDHR and foundational Islamic texts, including the Quran and Hadith, are examined to understand the principles and guidelines regarding marriage in both frameworks. Comparative analysis techniques are applied to identify similarities, differences, and areas of potential harmonization between the UDHR and Islamic perspectives on marriage.

Results: The comparative analysis reveals several key findings regarding the provisions of marriage in the UDHR and Islamic perspective. Firstly, both frameworks emphasize the importance of mutual consent and freedom of choice in marriage, albeit with nuanced differences in interpretation. Secondly, rights and responsibilities of spouses are outlined, highlighting mutual support, respect, and the welfare of children as shared values. Thirdly, the topic of polygamy is addressed, with considerations for women's rights, safeguards, and conditions within Islamic jurisprudence. Additionally, provisions for divorce and dissolution of marriage are compared, encompassing procedures, grounds, and the protection of rights for both parties. Lastly, the study identifies common values such as dignity, equality, and family welfare that can serve as points of convergence between human rights principles and Islamic teachings on marriage.

Summary: This comparative analysis sheds light on the provisions of marriage in the UDHR and Islamic perspective, offering insights into areas of convergence and divergence between the two frameworks. By examining the principles of consent, freedom of choice, rights, responsibilities, polygamy, divorce, and harmonization efforts, this study contributes to a deeper understanding of marriage rights in both contexts. The findings underscore the importance of respectful and rights-based marriages while addressing challenges and exploring perspectives on reconciling human rights principles with Islamic values in the context of marriage.