Women’s cultural rights in Islamic Sharia and Iraqi law

Author:
Musa Obaid Obeis AL-Mosaafer
Level:
Master
Field of study:
law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2019
Publisher:
URD Press
Supervisor(s):
Mohsen Malik Afzal Ardakany

 Women’s cultural rights are rights related to art and culture، and both are understood from a broad perspective. The goal of these rights is to ensure that people and communities have access to culture، and can participate in a culture of active participation in cultural campaigns. And that women in general did not receive any attention from within the community، as the woman against whom the deprivation of her basic rights and freedoms was practiced remained and did not enjoy the least of her rights، This woman is still marginalized from the point of view of societies in all respects، and the theoretical importance of the study lies in the importance of the effective role of women in Iraqi society and encouraging them to actively participate in all aspects of life within Iraqi society. From cultural life in all its aspects، participation and contribution to it، and Islamic law stipulated the cultural rights of women in many Qur’anic verses and hadiths that were received from the Prophet (peace and blessings of God be upon him and his family)، and what was reported from Ahl al-Bayt (peace be upon him). As for the Iraqi law، it was mentioned Women’s cultural rights in many sources، including in the constitution، including in public and private laws. Cultural rights have occupied an important place in the laws، as they indicated that citizens، men and women، have the right to participate in public affairs and enjoy cultural rights، including the right to vote and to be nominated. The implementation of women’s cultural rights in light of pluralistic political systems that recognize and correspond to formal freedoms and add to them many other rights of individuals، so they are known as rights that dictate the duty of the state to intervene in order to provide them And not to restrict the possibilities of publishing for women because they represent in the same way a restriction of the right to freedom of expression، and that women’s cultural rights are taken into account through central and local policies when laying the foundations for projects undertaken by cities and local governments for cultural development، and that local governments realize that women’s cultural rights are a part inseparable from human rights.