The principle of equality and its effects on the marital relationship and its end within the framework of international law

10.2478/bjlp-2022-001099

Abstract

Our research topic deals with "the principle of equality and its effects on the marital
relationship and its end within the framework of international law", and we mean here
international law in its broad sense, i.e., international status covenants, to which are added
the international provisions that came under Islamic international legislation. The
problematic issue of this issue stems from the lack of a specific concept of the principle of
equality and its scope within the framework of international law, as well as what are the
effects that this principle can impose or have - in its positive and Islamic international
concept - on marital relationship and its end? In order to explain this specifically, we divided
the research into an introduction and two requirements: First, to clarify the concept of the
principle of equality within the scope of international law in a broad sense, and the second
to define the effects of the principle of equality on the marital relationship and its end. The
conclusion included an important number of results and recommendations in this regard, the
most prominent of which are: The positive international law adopted the principle of equality
in its absolute concept with everything related to marital relationship and its end, unlike
international Islamic legislation, the principle of equality was adopted in its relative concept
in the scope of marital relationship and its end. Both positive international law and
international Islamic law have their justifications and arguments in support of this adoption.