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Conflicts due to religion
Conflict between religion and state
Conflict between religion and state
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A standout amongst the most testing provincial concerns confronting the modem administrator is the manner by which to make and apply law to a different populace energized by dissimilar convictions. The way in which India applies law to its Muslim minority was brought to the front line of the political enclosure in the Indian Supreme Court case Mohammad Ahmed Khan vs. Shah Bano Begum (1985). In 1975, Shah Bano, the girl of an Indian constable, was separated by her Muslim spouse and given an endowment of three hundred dollars, the absolute minimum needed by Islamic law. Absolutely devastated, she sued her previous spouse and, in 1985, the case arrived at the Indian Supreme Court. The Court decided energetic about Ms. Bano and ordered that her previous spouse pay her support of roughly twenty-three dollars a month .
Despite the fact that on the surface this case may appear straightforward and clear, the political and religious suggestions with respect to rights and the clashing inspirations of different gatherings included made it to a great degree complex. On the one hand, Muslims needed to translate and practice their religion free from state impedance; yet, incomprehensibly, they all the while obliged the Indian government to uphold this partition through an elective set of laws connected solely to Muslims. Dread of an end to their separate status as a different group by aftereffect of expanded government contribution in their individual lives incited numerous Muslims to dissent the Shah Bano administering. Broad turmoil actuated Parliament to pass the Muslim Women (Protection of Rights on Divorce) Bill, or MWB. Then again, the bill really served just to further include the state in Muslims' private issues. Both the Indian Supr...
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...ligious groups rather than a solitary strong Indian culture .
About all voices of Muslim women got lost in the communalist challenges against the Shah Bano choice. As consideration progressively turned to the clash between religion and state, almost all gatherings included totally disregarded the longings of the individuals who might be most straightforwardly influenced by the Shah Bano choice: Muslim ladies . As per Zoya Hasan, teacher at Jawaharlal Nehru University in New Delhi and women's activist dissident, a standout amongst the most important parts of the case, which at first centered around ladies' rights, was the inevitable "underestimation of Muslim ladies and the trivialization of their rights". While most progressive male Muslims freely encouraged against the Supreme Court's decision, many women quietly commended the choice as a help for women' rights
Case, Adeels Palace v Moubarak (2009) 239 CLR 420 entails a defendant, Adeels Palace Pty Ltd and two plaintiffs, Anthony Moubarak and Antoin Fayez Bou Najem. On New Year’s Eve 2002, a function, hosted by Adeels was open to members of the public, with a charged admission fee. A dispute broke out in the restaurant. One man left the premises and later returned with a firearm. He seriously injured both respondents. One was shot in the leg and other in the stomach. The plaintiffs separately brought proceedings against the defendant in the District Court of New South Wales (NSW), claiming damages for negligence. The trial judge issued Bou Najem $170,000 and Moubarak $1,026,682.98. It was held that the duty of care was breached by the defendant as they ‘negligently’ failed to employ security for their function. The breach of duty and resulted in the plaintiff’s serious injuries.
In the Lexington, Kentucky a drug operation occurred at an apartment complex. Police officers of Lexington, Kentucky followed a suspected drug dealer into an apartment complex. The officers smelled marijuana outside the door of one of the apartments, as they knocked loudly the officers announced their presence. There were noises coming from the inside of the apartment; the officers believed that the noises were as the sound of destroying evidence. The officers stated that they were about to enter the apartment and kicked the apartment door in in order to save the save any evidence from being destroyed. Once the officer enters the apartment; there the respondent and others were found. The officers took the respondent and the other individuals that were in the apartment into custody. The King and the
The litigation of R. v. Buhay is a case where the Charter of rights and freedoms was violated by the policing parties but maintained and performed by the Supreme Court of Canada. This litigation began after two individuals; of which one was Mervyn Buhay, rented a locker at the Winnipeg bus depot. Buhay began to distract the security guards while his friend placed a duffel bag in the locker they had rented. After they left, the security guards were so engrossed by the smell coming from the locker that they unlocked it to find a sleeping bag full of marijuana in the duffel bag. Buhay was arrested the day after the bag was taken into possession even though no warrant was received to search the locker in the first place. During the first trial, due to the violation of the Charter by the police officers, Buhay was acquitted. The Crown, however, appealed this ruling and the case was taken to the Supreme Court of Canada where once again Buhay was acquitted in a 9-0 ruling. Although Buhay committed a crime by possessing marijuana, the police violated the Charter by searching Buhay`s locker without a warrant or his consent, making the Supreme court of Canada`s decision to acquit Buhay reasonable. The Supreme Court of Canada`s decision to acquit Buhay was reasonable due to the fact that the police violated the Charter of rights, no warrant was received to unlock the locker let alone seize the duffel bag, and lastly because the bus depots terms for the locker were not efficiently provided to the customers making them aware of any reasonable search conduct.
Fraud is one of Canada's most severe acts of financial criminality as the economic impact of this crime could potentially handicap an entire society. According to the Canadian Anti-Fraud Centre Annual Statistic Report (CAFC), a report established to monitor fraud with the aid of the Royal Canadian Mounted Police (RCMP), and Competition Bureau of Canada, it reported an annual loss of 74 million dollars affecting over 14,472 victims (Canadian Anti-Fraud Centre, 2014). Given this alarming statistic, it is worrisome that we as a society still ignore or turn a blind eye towards those who commit fraud as seen in the low conviction (Canada Revenue Agency, 2014), and focus our efforts on petty thefts as seen with the high rate of convictions
Dan Locallo is a very contradicting man. When he began his career as a prosecutor he was anything but polite to the defense lawyers. Locallo himself describes himself as “kind of an asshole” towards defense lawyers (Courtroom 302, 59). During his time as a prosecutor, Dan Locallo became intrigued by the opportunity to become a judge. When Steve Bogira asked Locallo why he wanted to become a judge, his reply seemed simple. Locallo claimed that he never wanted to become a judge because of a “power-trip” he does claim that “the power of attraction was a great influence” (Courtroom 302, 59). However, Locallo admits that the real reason why he wanted to become a judge was because he would have the “ability to make decisions, to do justice” (Courtroom 302, 59). As a judge, Locallo seems to express three different personalities, which tend to change depending on the current case at hand. His personalities are being compassionate judge, being an understanding judge, or being a hard-nose tough judge. Each of these personalities are not only determined by the case, but also by whether Locallo will profit on the long run; whether or not he will get reelected as a circuit judge at the end of his term.
I, Israel Tefera a jury number one in the case state of Texas v. James Broadnax, herby give the final verdict on the aforementioned case before the jury. After deliberating on the case, we the jury have given to this court our opinion on the case. If I may, before reading the verdict go through my thought process, I would appreciate it your honor.
Were there any civil lawsuits in addition to criminal penalties? No, there were not any civil law suits in this case
Despite the efforts of lawyers and judges to eliminate racial discrimination in the courts, does racial bias play a part in today’s jury selection? Positive steps have been taken in past court cases to ensure fair and unbiased juries. Unfortunately, a popular strategy among lawyers is to incorporate racial bias without directing attention to their actions. They are taught to look for the unseen and to notice the unnoticed. The Supreme Court in its precedent setting decision on the case of Batson v. Kentucky, 476 U.S. 79 (1986), is the first step to limiting racial discrimination in the court room. The process of selecting jurors begins with prospective jurors being brought into the courtroom, then separating them into smaller groups to be seated in the jury box. The judge and or attorneys ask questions with intent to determine if any juror is biased or cannot deal with the issues fairly. The question process is referred to as voir dire, a French word meaning, “to see to speak”. During voir dire, attorneys have the right to excuse a juror in peremptory challenges. Peremptory challenges are based on the potential juror admitting bias, acquaintanceship with one of the parties, personal knowledge of the facts, or the attorney believing he/she might not be impartial. In the case of Batson v. Kentucky, James Batson, a black man, was indicted for second-degree burglary and receipt of stolen goods. During the selection of the jury the prosecutor used his peremptory challenges to strike out all of the four black potential jurors, leaving an all white jury. Batson’s attorney moved to discharge the venire, the list from which jurors may be selected, on the grounds that the prosecutor’s peremptory challenges violated his client’s Sixth and Fourteenth Amendment rights to have a jury derived from a “cross-section of the community”(People v. Wheeler, 583 P.3d 748 [Calif. 1978]). The circuit court ruled in favor of the prosecutor and convicted Batson on both counts. This case went through the courts and finalized in the U.S. Supreme Court.
He believed that there should not be a Caste System because of one’s birth. Gandhi specifically opposed the untouchable class because of the lack of respect and humanity these people received. Gandhi once described his thoughts about untouchables, “God never made man that he may consider another man as an untouchable” (Document 4). Gandhi believed that God never made one man better than the other, he made them equal. Therefore, God did not create the idea of the Caste System, man did. The great Indian figure wanted nothing more than the untouchables (“Children of God” according to Gandhi) to receive better treatment (Wadley 202). Mohandas Gandhi also expressed once again how he felt about the untouchables, “I would far rather that Hinduism died than untouchability lived” (Document 4). In other words, Gandhi would rather have his own people (Hindus) die than the untouchable class carry on. This shows the amount of hatred that Gandhi had for the untouchable separation from society. Mohandas Gandhi also fought for the equality of women. In a document called “Gandhi and the Status of Women”, Gandhi expresses how he sees women in the Indian society, “Intellectually, mentally, and spiritually, women is equivalent to a male and she can participate in every activity” (Document 11). He believed that women were just as capable for crucial jobs as men were. Later on, Gandhi’s beliefs came to a reality. “The 73rd Amendment to the Indian Constitution empowered rural women in 1993” (Document 12). Suddenly, women’s participation in village and district councils became crucial to the Indian government. This opened up new doors for the women and Gandhi was able to prove the men who thought otherwise of the capability that these women had. Mohandas Gandhi believed that all man was equal, and he was able to show that while still unifying India. Mohandas Gandhi was also
The Partition of India led to millions of people displaced and marked as one of the largest mass migration ever over the world. August 15, 1947 was a very significant day for Muslims, Hindus, Sikhs and many others. It marked the day of the British partition of India, and India won its freedom from colonial rule, ending nearly 200 years of British rule. This successful attainment of independence from colonial rule defined a narrative of religious nationalism, but also has led to displacement and violence between the two nation states of India and Pakistan. Once a peaceful union of Muslims and Hindus had become separated, whereas Muslims got Pakistan and Hindus got an independent India (Best et al, 2008). “The Other Side of Silence” (Butalia, 2000, pp.264-300) the oral testimony of a Punjabi woman Maya Rani, who was a child living in Pakistan during the Partition. Her testimony was crucial to understand the historiography of the event, because she was a witness of the impact of the Partition, but she was not directly involved in the violence that the emergence and independence of India that has brought.
The Warren Court refers to the Supreme Court of the United States between 1953 and 1969, when Earl Warren served as Chief Justice. The Warren Courts were the catalyst for change in the areas of discrimination based on factors of faith, race or other categorizations was the catalyst for the evolution of reappointment and voting, established Maranda, and laid the ground work for woman to have the right to make decisions concerning own reproduction rights.
Violence and disruption escalated as a consequence of Partition. Evident in Rani’s testimony, people were looting, stealing, killing and hacking each other (cited in Butalia, 2000, p.265). Her account of witnessing the whole Muslim neighbourhood set on fire was a common action that rivalry communities do to each other (cited in Butalia, 2000, p.266; Talbot & Singh, 2009, p.66). Furthermore, Rina’s testimony complemented the August-November 1947 violence that was now more ‘calculated and systematic’, ethnic cleansing. In historical context, the purpose of ethnic cleansing was to eliminate the ethnic minorit...
There is a collective existence of different forms legal systems, because of the country’s diversity in culture, language and religion. This diversity is able to flourish in India only because of representation of different communities. Diversity and pluralism are acknowledged in India which safeguards the interests of different social groups and communities. This led to law being seen as necessarily pluralistic. However, after colonisation there was an effort made by the British to make law uniform, an essential condition in what was seen as ‘modern law’. Nonetheless, after independence an effort was made to have a pluralistic legal system as this would lead to better representation of different communities. This is how the Panchayati Raj system, a form of local self-government came about. Panchayats were reintroduced in 1992 after the British rule, and there a panchayat in every town of village. The people of the village elect the members of the ‘panch’, whose responsibility is the local administration of the village. In many places, gram panchayats are also known as gram sabhas. In this manner, different forms of legal pluralism shape everyday ordering and disputing in rural and urban India. They relate to formal law as well as customary legal orders equally. The two governance systems interact, which can be termed as formal law and traditional law. Customary law is also termed as unnamed law as it does not refer to a specific basis of
Islam is the second largest religion in the world today. Many of us do not understand the religion Islam and women’s rights within the Islamic faith. American society has the idea that Muslim women are weak, disrespected, belittled, mistreated, and oppressed. “And women shall have rights similar to the rights against them according to what is equitable; but men have a degree (of advantage) over them.” (Qur’an 28:229).Contrary to common belief, Islam regards women as equal to men in many aspects and that women have a unique place in Islam. Finally, with this research I hope to end all misconceptions and misunderstandings of Muslim women rights relating to their spiritual, economic, social, political, and legal rights.
In today’s globalized world, women’s studies is emerging as a fast growing discipline which is not restricted any more to the academia but is significantly capturing the attention of the civil society. The way civil society responded to “Nirbhaya” gang-rape case of December, 2012 in Delhi; the way people came on the streets in protest against this horrific and barbarous crime committed against a 23 year old woman; this people’s movement has undoubtedly engineered the emergence of a new consciousness among us about the need for a realization of women’s honour and dignity in the society. There have been serious debates on the issue of whether more stringent laws (in the line of Shari’a law) be implemented in our Indian society so that such heinous crimes against women can be prevented. However, the aforesaid incident is only one among many hundred other such crimes happening everyday in almost every corner of the globe. Many such incidents of crime are either suppressed or do not come to limelight. The following analysis is a humble attempt to deal with the status of women (especially in Islam) in a globalized world.