The Convention on the Rights of Persons with Disabilities and the Islamic Tradition
The question of legal capacity in focus
Bibliographic Data
| ID | 23035278 |
|---|---|
| Authors | Mohammed Ghaly (0000-0001-5577-6525, Hamad bin Khalifa University, corresponding author) |
| Year | 2019 |
| Volume | 23 |
| Issue | 3 |
| Pages | 251-278 |
| Publication date | 2019-07-03 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of Disability & Religion (JOURNAL) |
| Journal identifiers | ISSN: 2331-2521 • E-ISSN: 2331-253X |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/23312521.2019.1613943 |
| OpenAlex | W2969855087 |
| Language | EN |
| Citations received | 5 |
| References cited | 10 |
Legal capacity of persons with mental disabilities was a contentious issue during the process of drafting the Convention on the Rights of Persons with Disabilities. The Arab Group, consisting of Muslim-majority countries, in the United Nations expressed reservations about the formulation of the Article related to this issue. However, their reservations were dismissed because they arguably had to do with language-specificity. The author revisits these deliberations and argues that the reservations of the Arab countries have to do with religious aspects rooted in the Islamic tradition. By ignoring these religious aspects, the Disability Convention missed a rich source of wisdom provided by a world religion like Islam. On the other hand, the innovative insights provided by the Disability Convention can be of value to improve contemporary discussions on legal capacity within the Islamic tradition. Unlike the previous studies, which either focused on the approach of the Disability Convention or that of the Islamic tradition, this study examines both approaches and highlights the points of agreement and disagreement and finally proposes suggestions for narrowing the existing gap between these two approaches. Other Information Published in: Journal of Disability & Religion License: http://creativecommons.org/licenses/by-nc-nd/4.0/ See article on publisher's website: https://dx.doi.org/10.1080/23312521.2019.1613943
Convention · Convention on the Rights of Persons with Disabilities · Human rights · Inclusion (mineral) · Islam · Political science · Social science · Sociology · Theology · Value (mathematics) · Law · Marriage and Family Dynamics · Philosophy
| Citations per year | 1 |
|---|---|
| Citation span | 2021 - 2026 (6) |
| Highly cited | No |