The past of contemporary: old divorce
The divorce can be very worry or comfort, at last for me it has been,
but usually, although alone formally, it can worry; but apart from this, the
institution of divorce we can think that is recent institution, but it is at
last the 7th century after Christ, because in the Coran Mahometh has
written: “In the name of Allah. Prophet when you repudiate your female when the
terminal is stablished…and not send way from their homes, if they haven’t made
indecent act…When they are arrived to time you must keep them with décor”, and
the attention to the female sex, that today we don’t think exist in the Muslim
religion, instead it was and it was very exemplar: “You must live where you
live, and don’t worry them through the economy.”; it can seem a very exemplar
of respect of women, and in fact it is, but the justification is after: “If
they are pregnant you must provide to their keep until they have given birth…”;
it is the motive of this attention, because they are going to give birth, that
is the motive for every religion, otherwise the new faithful aren’t going to be
born; it is the normal policy of religion. But the respect of Muslim to women,
although it is absurd think is in the verse of divorce: “If the couple is in
fair to not respect the divine limits, the woman can ask legitimately the
divorce and she must offer a sum, usually she must go back everything of
partial the dowry. And this act occurs without guilt. But also the napoleon
code, in year 1804 has previewed and the divorce, and the discipline of this
step is very exemplar: “About the causes of divorce. The husband is going to
divorce for the adultery of his wife. The wife is going to divorce for the
adultery of hers husband if he has keep his lovers in the common home. The
married are going to ask the divorce for the excesses, violence or serious
offenses from one to other…”; it is the attestation of modernity or past? Past
certainly, because the same divorce already in 7th century after
Christ was stablished; but the context is important, because the Europe was
Catholic and the Church didn’t recognize the divorce, hence it is the new
thing; and the rights of women were saved for the Napoleonic code, that
recognizes also the rights of women because also they can ask the divorce, and
also for the serious offences or violence; it is the true new in this code,
because the offence has considered as a violence; inasmuch the formal respect
become a essential element, and the reputation of women and men is seen from
this code: “The condemn of one of newlyweds is going to be motive for the
divorce.”; naturally we must think that this cause has determined alone for the
very wicked fame that it would have determined both wife and to husband; hence the
divorce would be necessary, but also more human, because in Rome during the
pontificate of pope Sixt 5th, the adultery was condemned to the
capital pain; anyway, to semiotic level, we can consider that the sensibility
both to the women and to the marry has changed, and the woman now had
respected, to law level; thence very much had changed, and the divorce was a
comfort for the one or other, but the articles represent one formal and
legislative respect for the twice the newlyweds.
Alessandro Lusana
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