Judicial Uneven Protection Between Men and Women

Judicial Uneven Protection Between Men and Women

‏Judge Ali Kamal

2018-12-05 01:37:00

law is a set of binding and abstract rules with relative proof that express the ideas of authority issued by whatever form of constitutional or nature of policy. The law on this basis cannot be neutral among the multiple social interests and sometimes conflicting because it must be inclined towards the interest or interests of others, because abstract logic, not only legal and political, assumes that political power does not legislate its laws except in accordance with its doctrine in various walks of life to prefer the matter to attract theories and political beliefs. The law thus expresses the thought of political power of certain modern or old or advanced or backward countries
The power has taken over the ages descriptions as a result of the degree of development of society and consistent with it, because the essence of political power remains one if the authority took various manifestations depending on the nature of the society in which it appears and then prevail and it seems that the uneven legal protection between men and women in the context of family relations have agreed on the evolution of power in the state through its various stages of development. This is why men remained control  over women by imposing their social and legal rules through their control of the legislative authority and if what concerns us in this article is to observe the manifestations of power within the framework of social relations and humanity between men and women. The power of man in the context of their relations with women within the family has legal and social effects. It can be said that the origin of power in the principle of its creation according to many and more likely theories was due to family It is a source and foundation of the nation as Aristotle expressed the views of specialists even if differ in the origin of the family itself, the most likely opinion was based on the system of the mother family, in which the mother leads the family and the children and then develops this system to move the leadership of the family from mother to father which is called paternal authority
Some determine the period in which the authority of family leadership was transferred to men between the 12th and the 8th centuries BC It is believed that the relationship between women and men in the early stages of the development of society in which the head of the family was no more than the relationship of animals of one species combined instincts. The nationality did not belong to them to the degree of marriage system and the composition of the family only after long periods of time and development, the man in that ancient period was getting his purpose from her to pregnant and keep their children until they grow up and separated from them and the woman was the leadership of the family and The man has no power and this matter not still exist because of the innate motivation transcends and better behaves by development in dealing with his own kind and with different surrounding phenomena
Among the manifestations of social development was the man's jurisdiction of one woman or several women and the jurisdiction of women with one man or several men to show later the system of marriage, which took many images differed in different times, religions and communities
We find the Iraqi Penal Code in force referred to in three crimes including the crime of infidelity in accordance with article 377/2 and the killing of women for committing obscene in accordance with article 409, which is considered the most important of the remaining aspects that are considered to be uneven in the criminal protection between women and men article 41/1 In addition, the laws of many Arab countries, including Egypt, Syria and Lebanon, have been implemented. The differences between each of these legal provisions are the social and human conditions between men and women and what men have left behind. In their relationships with women within the family system Legal and social effects.

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