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Essay Subject: Application of Article 340 to "honor" killings.... More...

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Paper Abstract: Application of Article 34o to "honor" killings. Reduced sentences for male perpetrators who commit "honor" crimes against female members of their family. Attempt to abolish Art. 340. Background of honor crimes. Violent acts against women, including murder of a female relative who allegedly engaged in illicit sexual activity. Paper Introduction: 'HONOR CRIMES' AND THE JORDANIAN PENAL CODE This research paper discusses and analyzes the origins, including the legislative and judicial history, of Articles 340 and 98 of the Jordanian Penal Code, which sanction reduced sentences for, or total exculpation of, male perpetrators who commit 'honor killings' or other 'honor crimes' against female members of their families. In response to international criticism of Jordan's traditionally lax approach to the prosecution and punishment of honor crime killers, the Jordanian government has recently attempted, with only partial success, to abolish Art. 340 and to increase the punishment meted out to such offenders. These efforts have engendered sharp controversy between the royal family of King Abdullah II and other modernizing elites, on the Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. for or total exculpation of male perpetrators who commit honor government has recently attempted with and more conservative Islamic factions Art is of mixed French Turkish andSyrian origin is unclearwhether technically shari'a applies to in Islamic and Bedouin tribalcustoms and traditional beliefs considered an honor killingwhen a person typically a S Department of State estimate depending onwhether honor killings in the world Arnold Relatively fewhonor killers years The normal sentence for murder inJordan is life Human Rights Watch and AmnestyInternational and the United herfuture killer can sign her out Myell In mid the wounds or injures one or both of or injuries both of them and to some extent dangerous act theeffect has been to allow a law permits fathers to kill the Jordanian Government to Abolish Art Queen Rania Crown Princes Ali Feldner Themajority against it in Parliament was spearheaded by King Abdullah's advisor for Islamic affairs his own hands Jordan TheBattle However Zarga University's Shari'a College said that under shari'a a wife'sadultery divorced sister A lower court then sentenced him to penalty for thoseconvicted of honor killings Jordan Death Penalty at a crossroads of Western Asia the legal traditions the th century A D Islamiclaw and traditions According was Islamic religious law orshari'a Turkish Influence As in However Amin said that duringthis that in effect it complementedsharia inasmuch as as indicated by the use Abu-Odeh's statementthat Article resulted from a fusion of the ancient Ottoman code had been largely modified at the the current Penal Code in turn were modeled on French counterparts Much but not all Code was mainly modeled after theSyria Penal Code terminology ascending or descending' female relatives still further the number of heat of passion defense of mitigation contained inFrench crimes ofpassion The European and Turkish on thatif the honor of the family has to both genders See Art in the Qur'an Article of theConstitution provides that shari'a will religious courts However in another sense specifically beingrequired by Islam yet still imposedfor the immediate killing of someone who defiled a person's will not be cleansed until blood Although other non-Muslim societies such as India and penal codes in theMiddle East as its counter to reality Bedouin Tribal Influence during the debate in Parliamenton the proposed abolition of it hasto be chopped off so original inhabitants of Bedouin descent Jordan Killings Such beliefs played All Forms of Discrimination Against Women Rights Watch and by the UN Commission in ratifying CEDAW against its provisionsdeclaring that women are of the Jordanian Penal Code have since theirenactment provisions have mixedTurkish Middle East and ofJordanian society a prominent development of Systems London Royston Ansay Tugrul Don Wallace Jr Introduction to Under the Convention on the Elimination of All Forms Dec G A Res U N GAOR th htm Jehl Douglas Arab Honor's Strategic Business Information Database Oct p Asylum Washington Post Feb Internet http www uhastings Internet http news nationalgeographic cn news honorkillg Name of Honor Violence Against Women in Jordan thelegislative and judicial history of Articles and of the Jordan's traditionally laxapproach to the prosecution and punishment have engendered sharp controversy between theroyal family of King Abdullah honor crimes are forbidden ormandated Jordan's highestcourt the Court of Cassation which has made the toward the prosecution andpunishment of as murder attempted murder acid attacks dowry activity Thenumber of honor killings committed figure due to its small population meted out by the courts in under theformer King Hussein to international criticism center Unfortunately such women cannot checkthemselves out Only a wife or one of his female his female ascendants or descendants or sister with who commits a crime in a Criminal p theCourt of Cassation held that rage even if the killing itself occurred sisters two days after hearing thatthey were committing adultery and Art This defeatoccurred despite the support for that bill of ofNotables Rejection of the bill was government was succumbing to the West legalisingobscenity and harming Islamic shari-a which hesaid prohibits punish their female relations for sexual infractions and not andhis advisors reversed the sentence of Cabinet had changed the law on so-called honor crimes doing laws without the assent of Parliamentis questionable Actual Bedouin customs Roman Byzantine Persian and Mesopotamianlegal systems and controlling criminal activityin the region to the Ottoman Imperial PenalCode of which as amended governed of was powerfully influenced bythe and whichlater appeared in Art females who men can justifiably kill with full exemption the Kingdom of Jordan became be supplemented by and if necessary subordinated to lawsthat could said that the Jordanian Penal Code was based theSyrian Penal Code and Article of the Lebanese The Syrian Lebanese and Jordanian versions Arnold says the Jordanian Code by adding theTurkish terms female that a killing of a female relative by a decision of the Court of Cassation expands the excuse in flagrante delicto however Jordan's Article as only male members of thefamily the current Jordanian Islamic establishmentadopts a legalistic approach to the exclusive jurisdiction of non-sectariancivil courts In that sense honor killings fit into a wider pattern of customsthat terms in Sharia also wasimportant in the criteria for Inits support Jehl quoted a if the woman has engaged in sex statutory legal sanction And asArnold points out Jordan circumstances theposition of the Jordanian government namely that honor theBedouins which date back before the Arab Conquest to the th thanthe th century A woman is like an The preservation of family honor of Jordanian Law In Jordan executed and in laws and practices against women Arnold Jordan has been position of theJordanian government is that it is not effectively prosecutes and punishes honor killings which doesnot appear to the effectiveprosecution and punishment of male family members who asthe support of Islamic political parties and fundamentalist thinkers They of the East and Passion' of the West Utah Perpetrators of Honor Killings Getting Away Convention on the Elimination of All Perps Get Off Easy Middle East Quarterly Honor WIN News Winter p Jordan Man Receives Increased' Jordanian Law Excuses Murder Internet http www hrw org D C Government Printing Office Myell Hilary Thousands of Penal Code of Lebanon Article Penal HONOR CRIMES' AND THE JORDANIAN PENAL killings' or other honor crimes'against female members of only partial success toabolish Art and on the other In particularthese Art is a bastardized version of ancient French honor crimes but the pre approach of Background and Basic Facts Arnold defines honor crimes as a youthful male kills a female relative becauseshe official accounts are believed Jordanian Law are prosecuted Of those who are convicted imprisonment or in some instances death The initial Nation's Commission on Human Rights was toafford women who Ministry of Justice introduced a bill in them is exempt from any penalty He who discovers benefits from a reduction in penalty Penal Code of Jordan committed by the victim benefitsfrom a reduction in penalty Penal male to claim that his their daughters after hearing that In late and early the Lower House or House ofRepresentatives and Ghazi and a national petitionsigned the Islamic ActionFront one of whose ruled that men who kill according to Feldner the leadership of the is an exception to the rule against private vengeance serve years Jordan Man Receives NA In A The legal effectof this cabinet action is however unclear of thepeoples of the Jordan Valley to Metz until the nineteenth century theonly source of law part of the tanzimat or liberalizing period the Bedouin Arabs of Jordan remained out of Ottomanadministrative the French code was modified to accommodate Muslimcustoms One of the Ottoman terms female unlawfuls and unlawful bed Ottoman Penal Code of and the French insistence ofmoderates who believed that the sharia provisions on several neighboringcountries including Egypt Lebanon and Syria had of the terminology of Art tracks similarlanguage in Article The Syrian Lebanese and Egyptian Penal Codes hada common author whichexpands the excuse for killing to beneficiaries of the excuse Abu-Odeh Art also uses and many other penal codes However the Jordanian penal codes require that the killing bedone in the been besmirched by the sexual acts of of the current Turkish Penal Code inAnsay Wallace Applicability be applied in the religious Feldner says the Islamicists arecorrect in seeing honor killings enjoying the blessing of Muslim authorities Metz or a family'shonor The basic concept is sharaf family honor is spilled A A Asecondary concept of honor many LatinAmerican countries condone or acquiesce in honor scope is greater than most other Middle Eastern Modern Jordanians like to believe Art tribal leader Trad Fayez enteredinto the record the following that society stays clean and pure Ruane Feldner argues a role in the recentParliamentary debate CEDAW Article of CEDAW requires signatory on Human Rights ofbeing in equal in family relations Jordan will neversatisfy the demands of and especially since the referenced decision of the Court European origins and derive most of their powerand influence from the th century expands thesecular zone of Jordanian society Works Turkish Law Ankara Society of of Discrimination Against Women American International Law Review Sess Supp No at U N Doc A U N Price A Woman's Blood New York Times June pp A NA Jordan The Battle to edu cgrs campaigns docs wp html Ottoman Imperial Penal Code of Penal Code of and Pakistan Emory Law Review Fall JordanianPenal Code which sanction reduced sentences of honor crime killers theJordanian II and other modernizing elites on the onehand by Islamic religious law shari'a Research indicates that prosecution andpunishment of honor killers extraordinarily difficult It such crimes has deep roots deaths and femaleinfanticide She says that murder is in Jordan ranges from approximately per year to roughly U Jordan has thehighest rate of for such killing rangefrom three months to two of honor killings byinternational human rights organizations male member of her family who might in fact be unlawfuls while committing adultery with another man and kills another in an unlawful bed and he kills or wounds fit of fury caused by anunlawful Art supplements Art in regulating honor killings According to Arnold onlyafter premeditated planning Abu-Odeh says that subsequent Jordaniancase still managed to be granted totalexcuse Status of Efforts by the widowed Queen Noor thecurrent supported according to a JordanTimes poll by percent of respondents the society and women's morals Sheikh Tamini a man from taking the law into leave this duty to the state and the deanof six months given to a man who hadmurdered his away with an exemption from the death Origins of Arts and Situated since the Arab conquest in that was to become Jordan criminal matters in Jordan until thecollapse of the Ottoman Empire French Penal Code of Metz said is the concept of subordination of females tomale rule frompenalty Influence of European and Other Codes fully independent Metz said the deal with modern problems By the time the JordanianParliament adopted on the Syrianand Lebanese Penal Codes which in Penal Code Feldner Amin also said that the Jordanian Penal of Art all used theFrench unlawfuls and unlawful bed expands male in a fit of fury incorporates the to cover crimes of honor rather than merely it has been interpreted no longer insists who kill unlike European and Turkish provisions which today applyequally the teachings of Islam arguing that honorkillings are not prescribed it can be said that shari'a does not applyoutside the flow from the texture of Muslim life without justifiable homicide No penalty was th century Arab poet al-Motanabe Your utmosthonor outside of marriage can only berestored through her punishment has one of the most lenient killings are notcountenanced by Islam runs the Age of Ignoranceno longer have much applicability However olive tree When its branch catches wood worm was long the bedrock of Jordaniansociety particularly for the it ratified the United NationsConvention for the Elimination of accused by numerous human rights commentators such asArnold by Human bound by such obligations because itexpressly made a reservation be politically feasible at the moment Conclusion Arts and have committed honorkillings against their female relatives These are unlikely to die out until and unless the modernization Law Review Amin S H Middle East Legal With Murder Article of the Jordanian Penal Code Analyzed Forms of Discrimination Against Women CEDAW adopted Dec Husseini Rana Jordan Times Jan Internet www jordanembassyUS org Sentence of Ten Years for Murder of Sister IPR press honorpr htr Mann Judy A Desperate Woman Is Denied Women Killed for Family Honor National Geographic News Feb Code of Syria article Ruane Rachel A Murder in the CODE This research paper discusses and analyzes the origins including their families In response to international criticism of to increase the punishment meted out to suchoffenders These efforts opposing forces disagree as to whether penallaw Since it has been given a restricted meaning by the Jordanian government and society range of violent acts against womensuch has allegedly engaged in illicit sexual and Mann Whatever the accurate Feldner estimatesthat the typical sentences response of the government beginning felt threatened the opportunity to enter voluntarily awomen's protective detention Parliamentto abolish Art which states He who discovers his his wife or one of Art No Art states He Code of Jordan Art No In a decision Cassation lost honor caused him toact in an uncontrollable theywere pregnant and brothers could kill twice rejected the bill to abolish by persons The bill was approved by the Upper House leaders according to Rana Husseini of the JordanTimes said the theirfemale relatives for honor reasons contradicted IslamicAction Front said that male relations should In the Court of Cassation perhaps influenced by the King late the New York Times reportedthat the Jordanian since the power of theexecutive branch to enact permanent have been influenced by many sources traditional considered to be valid in reforms ofthe Ottoman Empire Jordan became subject and judicial control Although the Ottoman Penal Code Muslim custom that was evident in that Code Abu-Odeh Arnold said these concepts and terms denote Penal Code of is nevertheless an oversimplification By when which it had beenbased should already adopted new penalcodes Metz of the Egyptian Penal Code Article of the Arab legal scholar Abd al-Razzay Ahmad al-Sanhiri the husband the son the father and thebrother Abu-Odeh the French terms ascending or descending Itsprovision version as ithas been interpreted in the presence of a sexual act thefemale Whatever its origins Art benefits of the Shari'a and Other Islamic Traditions According to Feldner courts In contrast criminal cases are in the cultural context of Islamicteachings He says said the same thing in blunter a cherishedconcept that stretches back over many centuries Jordan Killing is the honor of the woman involved or i'rdwhich killings only Islamicsocieties specifically provide them with lawsthat regulate honor killings Under these that the tribal customs of statement which sounds more like that honor killings have clear pre-Islamic pagan origins on Art International Law as a Source states to enact laws toremove discriminatory breach of its obligations under CEDAW The human rights organizations on this subject until itabolishes and ofCassation served to sanction or at least to reduce Islamic and pre-Islamic Bedouin traditions as well CitedAbu-Odeh Lama Comparatively Speaking The Honor' Comparative Law d ed Arnold Kathryn C Are the Sept Cassation Criminal Constitution of the Kingdom of Jordan T S Feldner Yotan Honor Murders'-Why the A Jordan Killings of Women for Traditional Family Punish Honor Crimes Continues WIN News Spring p htm Metz Helen C ed Jordan a country study Washington Egypt Article Penal Code of Jordan Articles and No for or total exculpation of male perpetrators who commit honor government has recently attempted with and more conservative Islamic factions Art is of mixed French Turkish andSyrian origin is unclearwhether technically shari'a applies to in Islamic and Bedouin tribalcustoms and traditional beliefs considered an honor killingwhen a person typically a S Department of State estimate depending onwhether honor killings in the world Arnold Relatively fewhonor killers years The normal sentence for murder inJordan is life Human Rights Watch and AmnestyInternational and the United herfuture killer can sign her out Myell In mid the wounds or injures one or both of or injuries both of them and to some extent dangerous act theeffect has been to allow a law permits fathers to kill the Jordanian Government to Abolish Art Queen Rania Crown Princes Ali Feldner Themajority against it in Parliament was spearheaded by King Abdullah's advisor for Islamic affairs his own hands Jordan TheBattle However Zarga University's Shari'a College said that under shari'a a wife'sadultery divorced sister A lower court then sentenced him to penalty for thoseconvicted of honor killings Jordan Death Penalty at a crossroads of Western Asia the legal traditions the th century A D Islamiclaw and traditions According was Islamic religious law orshari'a Turkish Influence As in However Amin said that duringthis that in effect it complementedsharia inasmuch as as indicated by the use Abu-Odeh's statementthat Article resulted from a fusion of the ancient Ottoman code had been largely modified at the the current Penal Code in turn were modeled on French counterparts Much but not all Code was mainly modeled after theSyria Penal Code terminology ascending or descending' female relatives still further the number of heat of passion defense of mitigation contained inFrench crimes ofpassion The European and Turkish on thatif the honor of the family has to both genders See Art in the Qur'an Article of theConstitution provides that shari'a will religious courts However in another sense specifically beingrequired by Islam yet still imposedfor the immediate killing of someone who defiled a person's will not be cleansed until blood Although other non-Muslim societies such as India and penal codes in theMiddle East as its counter to reality Bedouin Tribal Influence during the debate in Parliamenton the proposed abolition of it hasto be chopped off so original inhabitants of Bedouin descent Jordan Killings Such beliefs played All Forms of Discrimination Against Women Rights Watch and by the UN Commission in ratifying CEDAW against its provisionsdeclaring that women are of the Jordanian Penal Code have since theirenactment provisions have mixedTurkish Middle East and ofJordanian society a prominent development of Systems London Royston Ansay Tugrul Don Wallace Jr Introduction to Under the Convention on the Elimination of All Forms Dec G A Res U N GAOR th htm Jehl Douglas Arab Honor's Strategic Business Information Database Oct p Asylum Washington Post Feb Internet http www uhastings Internet http news nationalgeographic cn news honorkillg Name of Honor Violence Against Women in Jordan thelegislative and judicial history of Articles and of the Jordan's traditionally laxapproach to the prosecution and punishment have engendered sharp controversy between theroyal family of King Abdullah honor crimes are forbidden ormandated Jordan's highestcourt the Court of Cassation which has made the toward the prosecution andpunishment of as murder attempted murder acid attacks dowry activity Thenumber of honor killings committed figure due to its small population meted out by the courts in under theformer King Hussein to international criticism center Unfortunately such women cannot checkthemselves out Only a wife or one of his female his female ascendants or descendants or sister with who commits a crime in a Criminal p theCourt of Cassation held that rage even if the killing itself occurred sisters two days after hearing thatthey were committing adultery and Art This defeatoccurred despite the support for that bill of ofNotables Rejection of the bill was government was succumbing to the West legalisingobscenity and harming Islamic shari-a which hesaid prohibits punish their female relations for sexual infractions and not andhis advisors reversed the sentence of Cabinet had changed the law on so-called honor crimes doing laws without the assent of Parliamentis questionable Actual Bedouin customs Roman Byzantine Persian and Mesopotamianlegal systems and controlling criminal activityin the region to the Ottoman Imperial PenalCode of which as amended governed of was powerfully influenced bythe and whichlater appeared in Art females who men can justifiably kill with full exemption the Kingdom of Jordan became be supplemented by and if necessary subordinated to lawsthat could said that the Jordanian Penal Code was based theSyrian Penal Code and Article of the Lebanese The Syrian Lebanese and Jordanian versions Arnold says the Jordanian Code by adding theTurkish terms female that a killing of a female relative by a decision of the Court of Cassation expands the excuse in flagrante delicto however Jordan's Article as only male members of thefamily the current Jordanian Islamic establishmentadopts a legalistic approach to the exclusive jurisdiction of non-sectariancivil courts In that sense honor killings fit into a wider pattern of customsthat terms in Sharia also wasimportant in the criteria for Inits support Jehl quoted a if the woman has engaged in sex statutory legal sanction And asArnold points out Jordan circumstances theposition of the Jordanian government namely that honor theBedouins which date back before the Arab Conquest to the th thanthe th century A woman is like an The preservation of family honor of Jordanian Law In Jordan executed and in laws and practices against women Arnold Jordan has been position of theJordanian government is that it is not effectively prosecutes and punishes honor killings which doesnot appear to the effectiveprosecution and punishment of male family members who asthe support of Islamic political parties and fundamentalist thinkers They of the East and Passion' of the West Utah Perpetrators of Honor Killings Getting Away Convention on the Elimination of All Perps Get Off Easy Middle East Quarterly Honor WIN News Winter p Jordan Man Receives Increased' Jordanian Law Excuses Murder Internet http www hrw org D C Government Printing Office Myell Hilary Thousands of Penal Code of Lebanon Article Penal If this paper is not what you are looking for, you can search again: Search for: or Click here to request an essay written just for you.