DISRUPTED SOCIETIES, TRANSFORMATIVE STATES: POLITICS OF LAW AND GENDER IN REPUBLICAN TURKEY AND IRAN

Hawwa ◽  
2007 ◽  
Vol 5 (1) ◽  
pp. 90-110
Author(s):  
Louise Halper

AbstractIran and Turkey, one an Islamic, the other a secular republic, are the more successful loci of women's participation in public life, both politically and economically, than are a number of other states whose population is largely Muslim. I suggest their relative success (as measured by World Bank and UNHDR data) may be due to similar transformative shifts from monarchy to republic. Historical examination of the cases of Turkey and Iran suggests that while the mobilization of women into political activity is crucial, it need not result in similar legal changes. Obviously, the right to vote is fundamental to political participation and exists for women in both countries. The comparison of the two republics suggests that, at least in Muslim-majority countries, a legal regime explicitly protecting gender rights may be less central to social change, including women's participation in public life, than is a history of women's mobilization in support of popular politics.

Author(s):  
Robert W. Hefner

In recent years many Muslim-majority countries have undergone troubled and even tragic political transitions. A key feature of most transitions has been heightened debate over the place of women in public life, and the role of Shari‘a and Islamic ethical traditions in defining women’s roles. This chapter examines the pervasiveness of Shari‘a appeals in today’s transitions, in particular with regard to the Southeast Asian nation of Indonesia. It presents a general model for the analysis of Islamic law and ethical plurality, and then explores the model in relation to the history of Islamic law and gender politics in modern Indonesia. It ends with an analysis of the unsuccessful effort of the Islamic women’s movement in 2004 to introduce far-reaching gender reforms into the codified body of Islamic personal status law used since 1991 in Indonesia’s Islamic courts.


Author(s):  
Svitlana Hretsa

The article highlights the legal aspects of using the tax lien as a means to ensure the constitutional obligation to pay taxes andfees. The focus is on the importance of proper implementation of constitutional obligations for the protection of human rights and theperformance of state functions. An important place for tax liability in the system of constitutional obligations has been identified. Themain ways of ensuring the fulfillment of the tax obligation have been revealed and the key role of such a way as tax lien has beenemphasized. The concept of tax lien is defined and the history of formation of this institution in the legislation of Ukraine is revealed.The grounds for the emergence of the right of tax lien, the peculiarities of its documentation (registration) is presented. The status andpowers of the tax manager about the description of the property in the tax lien, checks of its condition, etc. are determined. The articledescribes the legal consequences of non-compliance with the legal requirements of the tax manager, in particular the suspension in courtof expenditure transactions on bank accounts, and in some cases - the use of administrative seizure of property. The author disclosesthe legal regime of property that is in tax lien, the scope of taxpayers’ rights to use it, the content of legislative restrictions on the possibilityof disposing of such property, the procedure for coordinating transactions with mortgage assets. The legal grounds for terminationof the right of tax lien are indicated. The legal mechanism of realization of the right of the tax pledge, the order and sequence ofthe address of collecting on the pledged property is described. The author revealed the shortcomings of the legislation, in particular thelong nature of the recovery in court. Proposals have been made to improve the legal regulation of the tax lien to increase the effectivenessof this instrument to ensure proper implementation of the constitutional obligation to pay taxes. In particular, it is proposed to providethe possibility of extrajudicial recovery of property that is in tax lien when the taxpayer has given written consent.


2020 ◽  
pp. 1-31
Author(s):  
Jennie C. Ikuta

Chapter 1 lays out the concern of the book. It observes that American public culture valorizes nonconformity and identifies its valorization in domains such as education, business, and politics. In addition to an ethical ideal that constitutes the life well-lived, nonconformity is framed as a political ideal crucial to democracy. However, the rhetoric of nonconformity has also been put to use in troubling ways. Figures on the right have employed the rhetoric of nonconformity to express hostility to democratic ideals such as racial and gender equality. The substantive openness of nonconformity as a concept explains how it has been mobilized for different ends, including some at cross-purposes with one another and with democracy. What does it mean to be a nonconformist? Is nonconformity an absolute ideal, or should it be limited by substantive commitments? Answering these questions requires turning to the writings of Tocqueville, Mill, and Nietzsche.


Author(s):  
D. B. Vershinina ◽  

The author analyzes the evolution of the national movement in Ireland in the first half of the 20th century through the prism of women's participation and gender equality issues. It is argued that the Irish nationalists' choice of patriarchal Catholic ideology has not been predetermined since the revival of Irish nationalism, and although the Catholic faith played a significant role in the anti-British activities of the Irish national movement, there were many Protestants among its activists, as well as women who shared feminist values and played an important role in organizing the political and military struggle of the Irish for independence. The article focuses on the various methods of women's participation in the Irish national movement, including the creation of separate women's organizations, and membership in key societies and groups, as well as participation in constructing barricades and in fighting during the Easter Rising. It was more difficult to take part in the specifically women's struggle to grant Irish women the right to vote, which was associated with the activities of London organizations, the Women's Socio-Political Union specifically. It is argued that it was the anti-British orientation of the Irish political struggle that made it impossible (or difficult) to associate Irish feminists with the goals of the women's movement in the United Kingdom, which led to the victory of the social doctrine of Catholics and the “enslavement” of Irish women after the Irish Free State was created. The article analyzes not only sources of personal origin, telling about the participation of Irish women in the national movement, but also official documents of the young Irish state, demonstrating the evolution of its ideology in social and gender issues towards a patriarchal approach to the role of women in society, the fight against which has become the task of feminists of the second wave starting in the 1970s.


Author(s):  
Timur Guselnikov

This article examines the norms of canon law, which regulated the actions of the Catholic missionaries in Crimea since the emergence of first missions in the XIII century until the creation of eparchies in the early XIV century. Comprehension of the legal framework of Catholic missions is necessary for further research of social history of the region. The bulls Cum hora undecimal alongside Vos igitur and Gratias agimus, establish preferential legal regime on private matters that differs from the Western European canon law. Each question raised in the pontifical document is compared with the canonical norms of Western Europe and isolated cases on the territory of Crimea. Although papal bulls have always been used by the researchers of medieval Crimea, the legal content of these documents was usually outside the focus of attention. The author analyzes the content of the papal bulls through the prism of canon law of the Catholic Church, theological and legal discussions of the XIII – XIV centuries. Legal regime in the missionary territory was established in form of privileges and right to dispensation. The papal bull Cum hora undecima of 1245, repeatedly has been reissued repeatedly without significant amendments, is of particular importance for the researchers . In the questions of dispensation, consecration of churches and sacred objects, and granting of indulgences, the missionaries received the authority equal to the bishops and legates of the apostolic see. The converted to Catholicism local residents assumed a derogation in terms of closely related marriages, while clerics of the Eastern churches retained their rank and the right to stay married.


Author(s):  
Iryna Muzyka

The scientific achievements and social and political activity of Sergiy Shelukhin and its influence on the formation of the concept of independent state of Ukraine in the political and legal thought and state-making practice of the governments and political figures of the UNR, the Directory and public political organizations of Ukrainian political emigration are considered. The figure of Sergiy Shelukhin in the history of Ukraine has been symbolic for over a century, as his scientific and socio-political activities have largely contributed to the restoration of the sovereign right of the Ukrainian people to an independent state. His conception of Ukrainian statehood, the origin of the name "Ukraine" is today an integral part of the ideological basis for determining priority directions in contemporary Ukrainian politics, in the context of building an independent independent Ukraine, in terms of forming state ideology and national dignity. In the period of national liberation competitions the main topic of scientific research of the scientist was the origin of the Ukrainian state. It was his intelligence that formed the basis for memoranda, statements, and international treaties of the time. Shelukhin proved that for the Ukrainian people the right of state sovereignty was restored not only as a result of the renunciation of the tsar and release from the oath of nationality, but also on the contractual grounds of the act of 1654 connection between Ukraine and Russia, since this connection was only the face of the tsar-protector. Thus, on February 28, 1917, the Ukrainian people, on the basis of their historical rights and legal consequences, renounced the tsar and exempted him from the oath by legal means, regained his sovereignty over himself and his Ukrainian statehood. Scientist in historical monographs "Where does Russia come from:" Names: Rus, Galicia, Ukraine and Little Russia "(1928)," The Theory of Celtic Origin of Kievan Rus from France "(1929)," Ukraine - the Name of Our Land from the Ancient Times "(1936) for the first time explores the problem of the origin of the terms "Rus", "Ukraine", "Russia", "Mala Rus". These studies have played and play an extremely important role in refuting political speculation and falsification regarding the origin of Ukrainians and the emergence of Ukrainian statehood. During his life, S. Shelukhin's works have gained recognition among lawyers, historians, and political figures both in Ukraine and abroad.


2017 ◽  
Vol 1 (1) ◽  
pp. 87-99
Author(s):  
Fahmi Basyar

One phenomenon that emerged in the Islamic world in the 20th century is the family law renewal efforts undertaken by countries with Muslim majority. This was done in response to the dynamic development of society life. There are at least three points that is the objective of family law renewal in the Islamic world, as a law unification effort, raising the status of female, and responding to developments and demands to provide solutions to existing problems. A review of Act Number 1 in 1974 "named this law as a form of unification that is unique with respect fully the variation based on religion and belief to God, besides that unification aims to complement what is not regulated by religion, because in that matter, the state has the right to set it in accordance with the developments and the demands. From the aspect of the history of the Islamic family law renewal in South East Asia spearheaded by Malaysia. It is the first country that has been undertaking the renewal effort, with the birth of Mohammad Marriage Ordinance Number 5 in 1880 in the countries of the straits.


Author(s):  
Seyed Mohammad Abrisham ◽  
Mohammad Shafiee ◽  
Mohsen Abediny Sanich

Introduction: Noise Induced Hearing Loss (NIHL) is the first cause of acquired hearing loss. Dentists and dental prosthodontics technicians are exposed to different sounds produced by a variety of devices in their occupations. In this study, we studied the effect of dental prosthesis sounds on the auditory power of the respective staff. Methods: This case-control study was carried out among all technicians of dental prosthesis laboratories in Yazd in 2018 selected by census sampling method. A total of 23 technicians who were willing to cooperate and met the inclusion criteria were included in the experimental group. Furthermore,  23 people who referred to the audiology clinic, were matched with the experimental group in terms of age and gender, and were not working in noisy environment, and had no congenital or acquired deafness were examined as the control group.  Finally, the collected data were analyzed by SPSS version 19 using statistical tests. Result: The mean hearing threshold of the right ear at frequencies of 3000 and 4000 Hz and the mean hearing threshold of the left ear at frequencies of 3000, 4000, 6000, and 8000 Hz was significantly higher in the experimental than the control group. The mean hearing threshold of the right ear at the frequency of 4000 Hz and the hearing threshold of the left ear at frequencies of 3000, 4000, and 6000 Hz in participants with job history>4 years was significantly higher. Furthermore, the mean hearing threshold of the right ear in the frequency of 4000 Hz and the hearing threshold of the left ear at frequencies of 3000, 4000, and 6000 Hz years was significantly higher in people with job history >30 years. Conclusion: According to findings, the staffs working in dental prosthodontics laboratories suffer from NIHL at frequencies of 3000 to 8000 Hz. The hearing loss in the left ear was more severe  in  people with job history of >30 years and in people with job history of > 4 years.Therefore, the use of hearing impaired and hearing protectors is recommended in these people.


Author(s):  
Catherine Clay

This book reconstructs the first two decades of the feminist magazine Time and Tide, founded in 1920 by Lady Margaret Rhondda and other women who had been involved in the women’s suffrage movement. Unique in establishing itself as the only female-run general-audience intellectual weekly in what press historians describe as the ‘golden age’ of the weekly review, Time and Tide both challenged persistent prejudices against women’s participation in public life and played an instrumental role in redefining women’s gender roles and identities in the interwar period. Drawing on extensive new archival research the book recovers the contributions to this magazine of both well- and lesser-known British women writers, editors, critics and journalists and explores a cultural dialogue about literature, politics and the arts that took place beyond the parameters of modernist ‘little magazines’. Offering insights into the history and workings of this periodical that no one has dealt with to date, the book makes a major contribution to the history of women’s writing and feminism in Britain between the two world wars. The book is organised chronologically in three parts, tracing Time and Tide’s evolution from its ‘Early Years’ as an overtly feminist magazine (1920-28), to its ‘Expansion’ and rebranding in the late 1920s as a more general-audience weekly review (1928-35), and, finally, to its ‘Reorientation’ in the mid-1930s in response to a world in crisis (1935-39).


2016 ◽  
Vol 15 (2) ◽  
pp. 233
Author(s):  
Mahmud Arif

The issue of human rights has prevailed globally although it is can’t denied that historically that issue comes from tradition of the West Liberalism based on individualism standpoint. In fact, freedom and equality as essential part of human rights have not been appreciated yet suitably in the realm of long history of humankind so it was still found the slavery system. Even in the modern time, at several regions, the right of vote consisting of human right has not possessed by the women. There was a accusation from some scholars in the West that Islam is a religion opposing to human rights and gender equality. They argue that Islam has justified any religious violence, has cut religious freedom down, and has tolerated gender unequality. If it is viewed from the basic principle of takhfif wa rahmah (giving easiness and love), such accusation looks obviously problematic, because Islamic tenets normatively appreciate to establish human rights and gender equality. But empirically, religious interpretation often contributes in mainstreaming culture that castrates any religious freedom and gender equality. As one of religious interpretation product, fiqih (Islamic jurisprudence) for instance is claimed to contain many problems relating to religious freedom and gender equality. Such is the case, the reality of our national education. For a long time, in the Indonesian school system there are many factors causing failure of every endeavor for achieving the aim of human right education. This means that such basic priciple must be reactualized in the education system through hard efforts in humanizing education processes and pupil’s potencies.[Isu hak asasi manusia (HAM) telah mencuat sedemikian universal meski tidak bisa dinafikan bahwa dalam sejarahnya isu ini bermula dari tradisi liberalisme Barat yang titik pijaknya individual. Kebebasan dan kesetaraan sebagai elemen penting HAM ternyata belum diapresiasi secara semestinya dalam sejarah panjang pelbagai peradaban sehingga masih ditemukan adanya sistem perbudakan. Bahkan dalam kurun modern ini pun di sebagian wilayah, hak untuk memilih yang menjadi bagian dari hak asasi belum juga dinikmati oleh kaum perempuan. Muncul tuduhan dari sebagian kalangan di Barat bahwa Islam adalah agama anti HAM dan bias gender. Argumen yang dikemukakan, Islam membenarkan tindak kekerasan atasnama agama, memasung kekebasan beragama, dan mentolerir ketidakadilan terhadap perempuan. Diletakkan dalam konteks prinsip dasar takhfif wa raḥmah, tuduhan tersebut nampak problematik, mengingat secara normatif ajaran Islam sangatlah menjunjung tinggi penegakan HAM dan kesetaraan gender. Hanya saja, dalam realitas empirisnya tafsir keagamaan tidak jarang justru ikut andil dalam pembentukan arus besar budaya yang memberangus kebebasan beragama dan ketidakadilan terhadap kaum perempuan. Sebagai salah satu produk tafsir keagamaan, fikih misalnya diakui masih menyimpan banyak persoalan menyangkut kekebasan beragama dan kesetaraan gender. Demikian halnya dengan dunia pendidikan nasional. Selama ini, dalam sistem persekolahan di Indonesia masih banyak ditemukan faktor penyebab kegagalan bagi setiap upaya mencapai tujuan pendidikan HAM. Ini berarti prinsip dasar tersebut perlu diejawantahkan dalam sistem pendidikan melalui upaya memaksimalkan peran humanisasi dan hominisasi pendidikan.]


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