Islām and the United Nations Human Right Charter (Universal Declaration of Human Rights Article 16) About Importance of Religion for Marriage: A Comparative Study

Abstract

This article explores the intersection of religion and marriage by comparing the perspectives outlined in the Universal Declaration of Human Rights (UDHR) Article 16 and Islāmic teachings. While both UDHR and Islām underscore the importance of marriage for the well-being of individuals and families, they diverge on the association between religion and marriage. The study delves into the details of UDHR Article 16 and the Islāmic viewpoint on the link between religion and marriage. Notably, Muslim-majority countries have endorsed the UDHR, obligating them to adhere to its 30 articles. However, an emerging realization among these nations is the divergence in opinions regarding the role of religion in marriage as stipulated in the UDHR, leading to conflicts and concerns. With approximately 1.8 billion Muslims constituting a significant portion of the global population, this article highlights the implications of the UDHR's stance on the religious aspect of marriage. It addresses the need for Muslim-majority countries to critically assess and potentially amend certain aspects of the UDHR, particularly those related to the link between religion and marriage (Nikāḥ). Simultaneously, it urges the UN Human Rights Department to reconsider this specific point in light of diverse religious beliefs, regional variations, and cultural values. The ultimate goal is to facilitate a constructive dialogue that encourages Muslim populations to recognize, reassess, and advocate for modifications in certain UDHR articles, specifically those pertaining to the religious dimension of marriage. Additionally, the article calls for the UN Human Rights Department to revisit and accommodate diverse religious perspectives, fostering a more inclusive and culturally sensitive approach within the framework of international human rights.