Istanbul Convention In Terms Of Islamic Law

被引:0
|
作者
Araz, Yunus [1 ]
Acar, Esma Merve [2 ]
机构
[1] Eskisehir Osmangazi Univ, Fac Theol, Islamic Law, Eskisehir, Turkiye
[2] Eskisehir Osmangazi Univ, Inst Social Sci, Dept Islamic Law, Eskisehir, Turkiye
来源
KOCATEPE ISLAMI ILIMLER DERGISI | 2023年 / 6卷 / 02期
关键词
Islamic Law; Women in Islam; Istanbul Convention; Violence; Homosexuality;
D O I
10.52637/kiid.1366624
中图分类号
B9 [宗教];
学科分类号
010107 ;
摘要
The original name of the Istanbul Convention is the "Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence." It was opened for signature in Istanbul on May 11, 2011, and is commonly referred to as the "Istanbul Convention" due to this event. T & uuml;rkiye was one of the first states to sign the Convention. Upon awareness and examination of the Convention, it was seen to contain certain drawbacks from both a legal and religious and cultural perspective. Therefore, on March 20, 2021, by a presidential decree published in the Official Gazette under Law No. 3718 and in accordance with Article 80 of the Convention, T & uuml;rkiye decided to withdraw from the Convention. The subject and purpose of the Convention are important for all people. Preventing violence, especially violence against women, is the responsibility of everyone. It is an issue that should be emphasized in all layers, from education in the family, which is the smallest unit of society, to the laws to be enacted by those who govern the state. In this context, efforts should be made at both national and international levels to eliminate violence. However, when these efforts are made, the values of societies should be taken into consideration, and the positive and negative consequences of the decisions made should be carefully examined. Since the signing of the Convention, it has become a topic of great controversy. While there are critics of withdrawing from the Convention, serious studies have been conducted regarding the nonconformity of certain articles with Turkish family structure, religious, and cultural values. This study consists of an introduction and two sections. In the first section, some of the terms mentioned in the Convention are briefly examined, and in the second section, the articles in the Convention under seven headings are evaluated from the perspective of Islamic law. The Istanbul Convention aims to prevent violence against women; however, when the content of the Convention is examined, some drawbacks can be identified. These drawbacks include the negation of the concept of family, the legitimization of non-marital unions, the normalization of homosexuality, and the preparation of the ground for gender neutrality from an early age. In addition, situations such as the criminalization of consensual marriages under the age of 18 as well as the decriminalization of extramarital relations of children under the age of 18 can also be considered in this context. While the Convention does not contain a direct article regarding homosexuals, there are numerous references to gender neutrality between the lines. Concepts of family and marriage are hardly given importance and even attitudes that would legitimize non-marital unions are observed. In the Convention, the value judgments of societies are sometimes explicitly and sometimes implicitly criticized and even belittled. Within the framework of all these problems, it is evident that the Convention poses difficulties for Islamic law specifically and for the Islamic religion in general. In fact, the Convention, in its current form, contradicts not only the values and judgments of Islam but also the values and judgments of other Abrahamic religions. What needs to be done is to examine violence comprehensively, considering its legal, religious, social, and psychological dimensions through this Convention. As a result, firstly, through moral education, economic regulations, and legal work, violence should be minimized in society, even eradicated. It should be understood that men and women are not each other's competitors but complements, and the family is not an institution that restricts women's freedom but an institution that brings peace and salvation to society. Additionally, it should be considered that there is no gender other than male and female, and homosexuality is a disorder based on social and psychological reasons, and efforts should be made for its treatment. In addition to this, the opinions of some feminist and pro LGBTI groups based on the Convention that Islam does not value or degrades women should also be considered. But it should be emphasized that when the situation of women in the Jahiliyyah society and the principles set by Islam after its arrival are considered, it will be clearly seen how superior the value given to women is. The presence of some problems in practice among Muslims cannot be attributed to the Islamic religion. This distinction should be made well and the issues should not be confused.
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