The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is considered one of the most prominent international agreements adopted by the United Nations in 1979, aiming to achieve complete equality between men and women. While the convention includes several positive principles in areas such as education, employment, and protection from violence, many of its provisions explicitly conflict with the teachings of the Holy Qur’an, which is the primary source of legislation in Islamic countries, including Iraq.
One of the fundamental differences lies in the concept of equality. CEDAW calls for absolute equality in all rights and duties without regard for biological or psychological differences, whereas the Qur’an emphasizes complementary justice between the sexes, based on natural disposition:
"And the male is not like the female" [Aal Imran: 36].
CEDAW also rejects polygamy, considering it discriminatory against women, while Islam permits it under strict conditions:
"Then marry those that please you of [other] women, two or three or four" [An-Nisa: 3].
Regarding guardianship, the convention denies any guardianship of a father or husband over a woman or daughter, while the Qur’an affirms:
"Men are the protectors and maintainers of women" [An-Nisa: 34], indicating their responsibility for financial support, care, and protection.
CEDAW also calls for equal inheritance between males and females. However, the Qur’an differentiates in some cases, taking into account financial responsibilities:
"For the male, what is equal to the share of two females" [An-Nisa: 11].
The convention rejects the concept of ‘Iddah (waiting period) after divorce or death, considering it a restriction on women’s freedom, while the Qur’an mandates it to protect lineage and rights:
"And divorced women shall wait [as regards their marriage] for three menstrual periods" [Al-Baqarah: 228].
One of the most notable differences is that CEDAW does not criminalize sexual relations outside of marriage and supports “bodily autonomy,” even endorsing same-sex marriage. In contrast, the Qur’an strictly prohibits adultery:
"And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way" [Al-Isra: 32],
and condemns homosexuality:
"Do you approach males among the worlds?" [Ash-Shu'ara: 165].
CEDAW also promotes the right of a child to be attributed to the mother or a party of her choosing, while Islam mandates that children be attributed to their biological fathers:
"Call them by [the names of] their fathers; it is more just in the sight of Allah" [Al-Ahzab: 5].
These differences are not merely detailed disagreements but reflect a fundamental divergence in legal and philosophical foundations. CEDAW is based on a global secular philosophy, whereas Islamic law is founded on divine commandments that are not subject to negotiation or compromise. Therefore, any attempt to implement CEDAW in Islamic countries must consider the immutable principles of Sharia and distinguish between what aligns with and what contradicts the unequivocal texts of the Holy Qur’an.
In the Iraqi context, the 2005 Constitution clearly states in Article (2/First):
“Islam is the official religion of the State and is a fundamental source of legislation.”
Article (2/Second-a) further emphasizes:
“No law may be enacted that contradicts the established provisions of Islam.”
This constitutional text obliges the Iraqi legislator to reject or prevent the passage of any law or agreement that conflicts with the definitive rulings of Islam—such as those permitting same-sex marriage, nullifying lawful guardianship, equalizing inheritance without regard to prescribed roles, or promoting total gender equality regardless of natural differences.
Accordingly, the core provisions of CEDAW that contradict Islamic texts cannot be constitutionally accepted or implemented in Iraq unless the Constitution itself is amended—something that would conflict with the identity, culture, and societal values of the State.
Dr. Ali Jassim Mohammed Al-Saadi
Lecturer, College of Law – Al-Mustaqbal University
Al-Mustaqbal University is ranked first among public and private universities in Iraq.