Marital guardianship Between the Authority of Islamic Law and the Power of International Legislation: A Maqasid-based Study

Abstract

This research paper addresses the issue of marital guardianship in light of
legislation stemming from international conventions and conferences advocating
women's rights and combating all forms of discrimination against them. It
examines the impact of these treaties and agreements on altering the system of
Muslim family law by systematically dismantling its cornerstone, which is the
guardianship of men over women and the family. Conversely, it reveals the
objectives of Islamic Sharia in legislating marital guardianship to uphold the
pillars of the family and preserve its entity .