The Analysis of Differences of Women’s Rights in Emamiyeh Jurisprudence and Article 16 of the Convention on the Elimination of all forms of Discrimination against Women (Focusing on Employment, Childbearing and Custody)

Marriage entails a number of rights and responsibilities for every couple (man and wife). In Islamic jurisprudence, these rights and responsibilities have differences with regard to some notes belonging to the article 16 of the convention concerning the elimination of all forms of discrimination against women. This being the case, the present study, through descriptive content analysis, has attempted to study and analyze such laws while placing emphasis on the equal rights for the couple, including the right of child-bearing, custody and employment. Yet, the main question here is what the main differences are and how they should be brought to a minimum. Such ambiguity being the case, the present study, through descriptive content analysis, has reached the conclusion that there are differences between the article 16 of the convention and the Islamic laws; concerning the article 16 of the convention (custodianship), the status of this article is superior to the women’s custodianship in Islamic Law, therefore, a shift in the attitude and status of custodianship is necessary. Prevention of undue employment for the couple in Islamic law is equally conducted. Maintaining such equality is suggestive of Islamic justice; therefore, it can be said that Iran’s law system is more superb than the convention which has included no constraint.