The Rights of the Deceased: Moral Rights Incidental to Copyright Law
- Vanshika Agrawal
- 2024-04-25
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1.2 Changing of Political Rights
The Changing Rights of Women With Jurisprudential Point
Without all of the organs of the body, it won’t work properly. The men and women are the integral part of the society but the sad reality is that there are still some of them is recognized to be essential then the other one. Humans are born with wings meant to fly as high as possible but only men are able to flap their wings while women are not allowed to open their wings and if she tries to fight back her wings are cut off. The main aim of the article is to give Few Aspect on How the changing right of Saudi women compared to India and to highlight the comments of the authors of jurisprudence on the same. It has always been a general contention around the world that the Islamic countries deny rights of women to a great extent .
The main problem which this research shall throw light upon is the oppression and exclusion of women of their basic rights as humans, in Saudi Arabia. India has been a free country since 72 year and over the time the country have changed and enveloped and changing with respect to the rights of the women and on the other hand there it is the monarchy ruled country also have grown and changed in few aspect but the difference between in the extend and type of guarantee by these countries have a lot of difference.
The Changing Rights of Women With Jurisprudential Point
Humans are called as social animal, but we are socially political incorrect animals. Nation is a political enroll system which rests its soul in its citizens. In the modern world people are orient towards good governance, democracy and
people choose their own representatives to organized, maintain and flourish their nation for each one of them. In democracy most deadly used weapon in the hands of citizen, vote. Throughout the world history, humans are given many rights, for instance, the freedom of speech, religion, and many more. But one that stuck out to me lately and recently took an influence on my life was the right to vote[1].
This can be interpreted by Savigny’s view of the law, a know jurist he said, was a product of ‘internal, silently-operating forces.” It was deeply root in the past of a nation, and its true sources were popular faith, custom, and
“the common consciousness of the people” which he called as Volkgiest. Law in its proper sense is identical with the opinion of the people in matter of right and justice.
But, still there is stir of silence on what he rights of people are in case of women and always been under the observation whether they need this right or not. The common spirit of people of Saudi Arabia is in following the Islamic rules of governance which does not prefer women in outgoing and hence this law make which entitled women voting rights was not in consonance with the Volkgiest, But Indian women got the right to vote the year their country was born.[2] Article 326 of the Indian constitution guarantees right to vote to every citizen above age of 18.
In Saudi Arabia women were not allow to vote till In September 2011, King Abdullah granted women the right to vote. Women fought a long battle to get their basic right to vote and finally in 2011 they won it. The election commission’s report said that women make up about 22 percent of new voters Added to make women about 6 percent of the 1.7 million person electorate.[3] But this struggle has not ended yet, even though women got voting rights still they cannot freely and openly. It points out the contradiction to Savigny’s theory of law, that not all Volkgiest is make into law in the modern society where variations in law are not only affected by Volkgiest but by other variable factors as well.
We all have to live in the border of the boxes dads or husbands draw for us – Saudi women. In Saudi Arabia a women’s life is controll our by man from birth until death. Marriage in Saudi Arabia are seems as a contact whose terms are to be negotiate ahead in time,
between two people and their families. They may be require to provide guardian consent in order to work or access healthcare.
The Maliki School of jurisprudence, youngest of the four major Sunni Schools and it’s practice mainly in Saudi Arabia it extends the fathers right into the adulthood but it does not say anything’s about this means even in older times the right of the Women in Islam was not even a question which was raised and has any interception of the choice of its own. Whereas the case is different when see in the India, since the independence women have many laws for keeping women safe linking in with the good governance and the democracy in the society.
The patriarchy social structure and the individual within them create and reproduce inequality likes between sex and race, class and religion ethnicity and other differences. And Saudi men are consider as the more organize and in reality is see from the respective of more valuable and productive than women. A man may divorce his wife unilaterally with no rejection by pronouncing talaq,
whereas woman may only obtain divorce through court based on a limitation number of grounds or seek redemptive divorce. The legal system of Saudi Arabia is purportedly governed by the traditional framework of Islamic law and there is no separation between the legislation and judicial branches[4].
As the jurisprudential duty of the ideology contribute to the family is not as gender divide as it once was. The judges in Saudi Arabia refer to the principles of the juristic preference[5]or public interest[6]endows the legal decision with the validity and demonstrates how legal jurisprudence is compatible with the classical way of thinking even in the implementation of customs. When refer to India different religious are government by their respective codes and by customary laws and their respective communities. The Hindu and special marriage act have similar grounds for granting the divorce. To get the divorce, parties can approach any regular court or family courts that have been set up
in many major cities. The religious differences and underpinned by both legal and cultural norms of the respective communities
As per the jurisprudential review explains morality in the nature that’s theories assure law these existence of law is
depended on its morality and law are inextricably join. Because a law does not becomes invalid if it does not contain the morality. Which rejects the Indian rule whereas the positive law deviates from the natural law; it is invalid or not a true law’. “we must not obey god rather than me” the natural law theorists including Immanuel Kant’s is based on the objective and ethical principle which are accessible to humans by virtual of the rational capacities[7].which is in support of the Indian rules of divorce they are not denying it that god can revel moral truths, but believe that many moral truths can be understood by ethical reflects than revelation[8].
The Changing Rights of Women With Jurisprudential Point
“To call a woman the weaker sex is a libel; it is man’s injustice to woman. If by strength is mean brute strength, then, indeed, is woman less brute than man. If by strength is meant moral power, then the woman is immeasurably man’s superior. Has she not greater intuition, is she not more self-sacrificing, has she not greater powers of
endurance, has she not greater courage? Without her, a man could not be. If nonviolence is the law of our being, the future is with a woman. Who can make a more effective appeal to the heart than woman?” – Mahatma Gandhi.
Humans are call social animal but we humans are different from animals, why? And this has to change, this fight is not just of every women rather it is also a fight of every man who has seen his mother being oppressed, of every man who has seen his sister been discriminated, of every man who has seen her wife being subject to social
scrutiny and so on.
The Changing Rights of Women With Jurisprudential Point
[1] The Right to Vote, https://www.studymode.com/essays/The-Right-To-Vote-182124.html
[2] Soutik Biswas, Did the British Empire resist women’s suffrage in India?
(22 February 2018), https://www.bbc.com/news/world-asia-india-43081429
[3] Elizabeth Dickinson ,A Long Road to Women’s Suffrage in Saudi Arabia, , (NOVEMBER 4, 2015)https://foreignpolicy.com/2015/11/04/why-saudi-arabias-women-have-suffrage-in-name-only/
[4] Royal embassy of Saudi Arabia, (feb 1, 2021,10:59), https://samrindia.org/
[5] Shari’a, Islam | The Embassy of The Kingdom of Saudi Arabia, (Feb, 1 2021,10:50), https://saudiembassy.net/
[6] Maslaha,(feb1, 2021, 11:09), www.saudiembassy.net/press-release/king-salman
[7] Jonathan crowe, Existentialism and natural law,18 Pages (2005).
[8] Robert Longley, Natural Law: Definition and Application,(Feb,1 2021,10:54), https://www.thoughtco.com/natural-law-definition
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