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Supreme court of the Middle Ages 4

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When I started writing this series of articles, I was almost sure that the reactions and comments would focus on the question “Is virginity a characteristic of a woman or not?” My expectations have unfortunately been fulfilled. A medical report on a woman’s virginity Socially speaking, the idea necessitating such a report makes things even more unbearable. Can you imagine how a woman would feel trying to prove her virginity?

Her efforts are now aimed not only at her husband but at the court and a large crowd of spectators and the public. I’m offended even thinking about this. Legally speaking, the court failed to evaluate all evidence submitted. Now, whether we like it or not, the report is proof that one party to the agreement has fulfilled its obligations or undertakings towards the other party.

Despite the fact that the whole case was constructed on the virginity of the bride, (according to the brief verdict) the court ignored very important evidence -- the medical report attesting to the woman’s virginity -- and ruled solely based on the man’s testimony. If the verdict of the local court is made without evaluating all the evidence, including the most important, then the verdict should have been overturned and sent back to the local court by the Supreme Court of Appeals.

With respect to the contractual nature of marriage, the court should also have asked the opinion of the woman, and she should have been given a means of defending herself against the man’s allegations. It is absolutely correct that the Supreme Court of Appeals can issue decisions that contradict one other, and I know of even worse stories about mistakes made by high court judges.

But this court does not belong to the Middle Ages. It is sometimes not even the court members’ own opinion but rather the opinion the members think the public has in its mind. In other words, the members think that the public would think this way. The members of the Supreme Court of Appeals try to set the rules of tradition and social understanding and then issue their verdict on these grounds.

If anything is coming from the Middle Ages, it is the image of society the Supreme Court of Appeals has in mind. However, a woman’s virginity is not something that a court should convene over and discuss. Finally, considering the constitutional legislation about the equality of men and women, the Supreme Court of Appeals should base its decisions on the Constitution before taking into account traditions and public opinion.

If I were a member of the Supreme Court of Appeals, I would be of the opinion that the court should not interfere in the marriage contract. The couple is still free to seek a divorce if the marriage is no longer working out. If anyone asks, “Should a woman not remain a virgin until she gets married?” I say: Should a man not remain a virgin until he gets married? This is not a yes or no question.

This is not a matter to be discussed in this article nor should anyone be pushed into discussing this matter before the public. I’d like to repeat, underline and emphasize one more time my own view: I only seek to show how bad it is to put a woman in front of judges, the Supreme Court of Appeals, the society and families and then discuss a very private thing concerning her and her significant other.

Is virginity important to me? I would never discuss it here. My own personal belief and moral understanding is that one should not do unto others what he does not want others to do unto him. My ethical code and traditions say I must defend the rights and privacy of others as much as I would defend them for myself. Playing with fire Writing about this kind of taboo is like playing with fire.

It is not possible to make everyone happy. No doubt, it is a very difficult topic to write about. Everyone has his or her own unique idea and opinion. This is a private matter, after all. Because views differ from person to person, they do not need to be ruled on, and women should not be brought in front of a court to be questioned on this highly sensitive and private matter.

Berk Cektir http://www.berkcektir.av.tr/ The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner. http://www.todayszaman.com/ info@berkcektirlaw.com

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