The Convention on the Rights of Persons with Disabilities and the Islamic Tradition: The question of legal capacity in focus

Research output: Contribution to journalArticle

Abstract

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.

Original languageEnglish
Pages (from-to)251-278
Number of pages28
JournalJournal of Disability and Religion
Volume23
Issue number3
DOIs
Publication statusPublished - 1 Jan 2019

Fingerprint

legal capacity
Islam
Disabled Persons
disability
Middle East
human being
United Nations
Religion
Language
mental disability
Arab countries
deliberation
wisdom
Arab
Muslim
UNO
Person
language
Group
Reservation

Keywords

  • dependency
  • inclusion
  • Islam
  • mental health
  • religion

ASJC Scopus subject areas

  • Health(social science)
  • Rehabilitation
  • Religious studies

Cite this

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abstract = "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.",
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