Why does American and Western law protect a woman's entire body?
Shahinul Khalisdar
Tax Advisor | Business Advisor/ Taxation Expertise/ Enrolled Agent (EA)/Master of Science in Taxation (MST)/ Author
Why does American and Western law protect a woman's entire body?
First and foremost, it is essential to recognize that the USA is a relatively young country compared to ancient tribal societies around the world. As the first nation to establish a written "Constitutional Republic," the United States is unique in its formation. Its population is made up of individuals from diverse racial, social, economic, religious, and cultural backgrounds, setting it apart from any other nation. The laws in the USA are derived from the Constitution, which clearly states that elected representatives craft all legislation. This means that American laws are explicitly defined by those chosen to govern. Unlike many countries, the USA does not rely on common law practices or social norms; instead, its citizens depend on the law and the police for order and justice.
USA lawmakers often fail to uphold the Constitution by creating laws grounded in the fundamental principle of social welfare, which is essential for preventing and deterring crimes that harm society. Instead, laws are frequently crafted based on the whims of elected representatives. It's crucial for legislation to reflect a commitment to retribution, compensation, and forgiveness to truly serve the needs of the community.
In the USA, adhering to the law is essential—failure to do so can lead to serious repercussions. The legal framework in the United States is designed not only to impose fines and prison sentences but also to maintain order and uphold economic activities, not justice. It's important to understand that these laws are not tools of deterrence; they serve a greater purpose in the economy.
The US legal economy stands as a pivotal force within the nation's economic landscape, significantly shaped by technology, demand, and regulation.
Size and Impact
?The US legal market is the largest globally, playing a crucial role in contributing billions to the global economy. This comprehensive legal economy includes the practice of law, the administration of the judiciary, and the provision of legal education.
Current Trends Demand for legal services remains robust, yet growth faces potential challenges from global economic uncertainty. Law firms are actively adapting to evolving client expectations and leveraging new technologies like artificial intelligence (AI). While firms experience increasing pressure on fees, those that strategically invest can seize greater market share through opportunistic spending.
Future Outlook
Firms that prioritize investments in AI and other advanced technologies while refreshing their business models will emerge as leaders in the competitive landscape. It is anticipated that clients will increasingly allocate work to more cost-effective firms. Additionally, law firms are likely to expand fixed-fee arrangements and alternative fee structures to better meet client needs.
Regulation
The strict regulation by the American Bar Association, which stipulates that only licensed lawyers can own or invest in law firms, effectively restricts the involvement of nonlegal professionals in the US legal market, maintaining the integrity and professionalism of the industry. ???
In other words, don't expect justice in the USA unless you're prepared to pay a fine or serve time in jail. The U.S. legal system does not fundamentally serve justice; rather, it contributes to the economy. Therefore, it's wise to stay out of trouble with women.
Western Society
Western society has undergone a profound transformation over thousands of years, evolving from the foundations laid by Greek philosophers like Socrates, Plato, and Aristotle and mathematicians such as Archimedes through the influence of the Roman Empire, the East India Companies, and the era of Western colonialism. The journey through the Dark Ages, Renaissance, Reformation, Enlightenment, and Industrial Revolution has led us to the contemporary service economy. This continuous evolution is a hallmark of Western culture, which is characterized by its dynamic nature. Cultural elements are not fixed; instead, they are subject to gradual change. What is considered good or valuable today can quickly shift to the opposite tomorrow, showcasing the fluidity and adaptability inherent in Western society. ??
The Women
Historically, the topic of women has been highly debated across various societies. Up until the last millennium, many societies around the world were organized according to class and caste systems. This division led to differing treatment of women based on their social standing. Women from upper-class and upper-middle-class backgrounds typically experienced more privileges and societal protection, while lower-class women often faced mistreatment and were commonly engaged in manual labor or sex work. The lives of upper-class women were usually controlled to safeguard them from forming emotional or sexual connections with lower-class individuals. In cases where they developed relationships with lower-class men, it was common for them to be disowned by their families.
We must shift our perspective and strive to see the world through the eyes of those who belong to lower classes and everyday individuals rather than just from the viewpoint of the upper caste, upper class, and upper-middle class. The realities and struggles faced by the majority of people often go unnoticed by those in privileged positions. This disconnect is why the Quran beautifully emphasizes the importance of justice, stating, “O believers! Stand firm for justice as witnesses for Allah, even if it is against yourselves, your parents, or close relatives. Be they rich or poor, Allah is best to ensure their interests. So do not let your desires lead you away from justice. If you distort your testimony or refuse to give it, know that Allah is certainly All-Aware of what you do.” (4:135).
Since the inception of republicanism in the USA, a trend has emerged where most elected representatives hail from the upper caste, upper class, and upper-middle class. This demographic influences their perspective, often viewing the world through the lens of their own privileged backgrounds rather than considering the realities faced by everyday people. Consequently, their legislation can be riddled with flaws.
When crafting laws related to women, for instance, these representatives tend to reference the protection granted by their ancestors rather than addressing pressing social issues through logic and genuine solutions. Their vision often extends no further than their own daughters, granddaughters, and nieces, limiting their ability to think outside of their familiar bubble. It's crucial to advocate for a more inclusive representation in governance—one that genuinely understands and reflects the diverse experiences of all citizens. ??
Exploring the Social Stigma Faced by Women: A Deep Dive into Challenges and Change.
Women from the upper caste, upper class, and upper-middle class.
The lives of women from the upper caste, upper-class, and upper-middle-class communities often revolve around a fragile social balance. Within the boundaries of what is considered acceptable—what we might call the "red line"—they enjoy a fortunate existence filled with privileges and welcoming smiles. However, the moment they dare to step beyond that line, everything changes. Crossing this threshold can lead to a swift and harsh transformation, as they may suddenly find themselves ostracized, treated with disdain, and regarded as if they are worthless. For many in these societal strata, social value and status seem to eclipse the essence of human life itself, revealing a complex web of expectations that can dictate a woman’s fate.
Women from lower castes and lower socioeconomic backgrounds.
A unique sense of freedom often marks the lives of women from lower castes and socioeconomic backgrounds. Without rigid societal “redlines,” they have more choices when it comes to their relationships, often choosing to sleep with whomever they please. Interestingly, their children might grow up without a clear idea of their fathers, only discovering their lineage through DNA testing. In contrast, women from upper castes and privileged backgrounds can trace their ancestry back for generations, often without needing a single test. This stark difference highlights the complexities of identity and lineage across different social strata.
The complexities of republicanism can often leave women from lower castes and disadvantaged socioeconomic backgrounds feeling bewildered. Many struggle to grasp the distinctions between upper caste, upper class, and upper-middle-class standards, which can create significant barriers in their daily lives. As a result, some may resort to threatening men with police intervention or financial pressure when they feel cornered. This situation underscores the critical necessity for increased awareness and comprehension of social hierarchies and their consequences.
Religious Women.
The principles of Religious Women firmly establish that the preservation of lineage is paramount, explicitly prohibiting zina (adultery) and outlining strict punishments for it. Religion unequivocally regards sexual relations outside of marriage as a serious sin and a punishable offense, with no exceptions allowed.
Naturally, men and women have differences:
Research indicates that there are fundamental biological and psychological differences between women and men.
Sexual dimorphism refers to the physical differences between males and females, which are primarily influenced by genetics and sex hormones. Here are some key areas in which these differences manifest:
Bone Structure: Males typically possess denser and stronger bones, tendons, and ligaments. Their skulls often feature a wider and larger mandible, as well as more pronounced characteristics such as projecting mastoid processes and a prominent brow ridge.
Muscle Mass: In general, men have greater muscle mass and lean body mass compared to women. This is especially noticeable in the size of their arm muscles.
Body Fat Distribution: Women generally have a higher percentage of body fat than men. They tend to store fat primarily in the hips and thighs, while men are more likely to accumulate fat in the abdominal area.
Voice: The anatomical differences in males result in deeper voices, attributed to larger vocal cords and a more pronounced Adam's apple.
Facial Features: Men often exhibit more prominent facial features, including a well-defined brow, prominent cheekbones, and a stronger jawline. In contrast, women usually have wider faces with fuller lips and higher-set eyebrows.
Other Physical Differences: Men typically have larger teeth than women. Additionally, physiological differences include higher quantities of white blood cells and red blood cells in men, as well as higher blood pressure. Men also tend to have thicker skin than women.
These distinctions highlight the biological variations that exist between the sexes, influencing various aspects of health and physical appearance.
Islamic Teaching:
After reviewing the information, individuals may come to their own conclusions. In the Quran, it is mentioned, “and speak to them kindly” (4:5).
It is acknowledged that effective communication can be challenging due to differing perspectives and experiences. Despite this, it is important to engage with women respectfully and kindly, as emphasized in Islamic teachings.
Additionally, a saying of Allah's Messenger advises, "Treat women nicely, for a woman is created from a rib, and the most curved portion of the rib is its upper portion. If one attempts to straighten it, it may break, but if it is left as it is, it will remain as it is. Therefore, treat women nicely."
This highlights the importance of understanding and compassion in interactions.