The Mother’s Right in Imam Sajjād's Thought and the International Law

Abstract

Today, international law has paid special attention to the "Mother's Right" through the non-binding resolutions of the United Nations General Assembly. The concept and manifestations of this right in Islam have also been examined more precisely and in more detail in the form of women's and mothers' rights, as it has found a special manifestation in the thoughts of Imam Sajjād (‘a.s). The present study has examined the mentioned concept through the analysis of Islam and international legal concepts. According to Hohfeld's division, the greatest mother's right from the point of view of international law is in the form of a liberty right, but in Islam, this right is considered a claim right, and this right is much higher in Islam. In terms of period, international law considers the mother's right to be limited to the period of pregnancy and the complications arising from it, and the right to child education by the parents is recognized with certain limitations. But in the Islamic approach, which in the thought of Imam Sajjād (‘a.s) has found a special crystallization, the scope of rights of motherhood is not only limited to the period of pregnancy; rather, it exists even at the time of her death, and it is up to the government, her spouse, international law, the resolutions of the United Nations General Assembly, and her children to fulfill this right. Therefore, the right of mother in Islam is far more perfect and progressive than what is stated in international law, and it is necessary for international law to benefit from Islamic propositions in this regard.