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The Convention on the Rights of Persons with Disabilities and the Islamic Tradition The question of legal capacity in focus.pdf (2.1 MB)

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

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journal contribution
submitted on 2024-03-19, 08:19 and posted on 2024-03-19, 08:19 authored by Mohammed Ghaly

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
See article on publisher's website:


Open Access funding provided by the Qatar National Library.



  • English



Publication Year

  • 2019

License statement

This Item is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Institution affiliated with

  • Hamad Bin Khalifa University
  • College of Islamic Studies - HBKU
  • Research Center for Islamic Legislation and Ethics - CIS

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