The atheist republic page in Facebook asked a question about raping wife... most of commentators considered that is a rape but i had a different prospect I can put its conclusion here:
(coerced sex) Is force wife to make sex is a rape؟
I negotiate this question from another view , i mean as a technical terminology problem , i think we have to divided the sexual action to their elements to differentiate between two different actions and not mix between them.
First: coerced sex without previous legal sex obligation, and this is we can call it rape with no doubts. and that force which happened between wife and husband depends on legal agreement which makes an obligation between man and woman to make sex with each other's , here we have two parties has contrary rights. First part who want to activate his legal right to make sex and other part that refuse to apply that other party right.
If we look at this problem as a legal technical thing we can't equivalent rape in the first case with forced sex in the second case. We can't use the same term for both of them.
Yes law can punish sexual force in the second case but not exactly by the same punishment of rape and that is what criminal law texted in many states in America.
I think if a husband has a legal right to make sex as marriage certificate provides, we can't come and equal that use of his right with rape as a crime , here we need to change the punishment to just separate between those man and woman and give the woman her right to immediate divorce . Why we say that؟ We say that because most of laws around the world prohibit polygamy and when a wife refuse exchange pleasure in sexual relationship she put her husband in hard one of two choices ...forced sex or make illegal sexual relationship against marriage certificate . So we have to amend rules of law to put that into consideration).
Many of commentators attacked me because my opinion .. some of them reported me so Facebook blocked my page.
Actually this Facebook behavior surprised me because i thought we are in an free and open application which respect different conceptions of term. Anyway we have to talk about a Facebook policy that's adopted single culture and imposed it in all the difference private cultures around the world . I don't know why Facebook used this Cultural imperialism method and enforced an American and western criterion by the power of its ownership.
as a legal expert i faced many legal and technical problems like contrary between the traditional structures and criminal law , lawmakers couldn't find critical treatment of this big problem. For example: here in Africa there is a tribe has a custom allows the 40 king's wives to beat him till death when he grow up an become very old man.. the problem here is in the criminal law applicable, do we have a right to punish those wives as criminals or we have to respect this is tribe's culture؟ If we punish them that means we are destroying private culture because we know we are right and our modern culture should apply against all wrong cultures around us. In philosophy there is very a huge controversial question about (right and wrong) no one philosopher reply it until now) .. do we have a perfect civilization hence we can attack and destroy other cultures؟ No one has a definite answer. So why American and Western culture should be placed as a policy conditions in Facebook؟ I think it's type of.. Cultural imperialism.
الرسائل والمقالات و الآراء المنشورة في المنتدى بأسماء أصحابها أو بأسماء مستعارة لا تمثل بالضرورة الرأي الرسمي لصاحب الموقع أو سودانيز اون لاين بل تمثل وجهة نظر كاتبها
لا يمكنك نقل أو اقتباس اى مواد أعلامية من هذا الموقع الا بعد الحصول على اذن من الادارة
أمل الكردفاني
انستقرام
يوتيوب
بنتيريست