Saturday, June 30, 2007

Hammurabi, Code Number 147 “Married Law and related Human Rights”

Code Number 147 “Married Law and Human Rights”


Hammurabi was the name of a well-known sixth king during the Babylonian Empire, in the 19th century BC, in which believed that he was chosen by the gods to deliver the law to his people. ( )
Mesopotamia means (between the Tigris river, a region of Iraq at the present time) Indeed, there are 282 laws, number 13 and 66-99 are missing, which inscribed in Old Babylonian on a kind of stone called stela of black basalt. The laws are served for resolving almost every dispute in the society.
Now we are looking back and analyze together to the laws of Code number 147 for thousand years ago, is “If she has not borne him children, then her mistress may sell her for money” It sounds this law is so complex/bias and how far comparing to our logical laws nowadays? But we’re still not sure how it work during that period of time for his citizen! Anyway, I’ve come up with many views related to this Code 147 that I’ve been doing research to global law particularly apply for Cambodia Law. First, according to United Nations Cambodia Office of the Commisionner for Human Rights, 3rd, August, 2001, on objective of Violence Against Women, Art. 16, p. 100, “Men and Women have the equality in married and responsible in the name of parents.” Despite this article does not meantion to “If women can not borne child because of natural health/disability of borning child” but they are become couple and agree to live with together, love together, why just for a child her husband dismiss her, who know she’s a disability of borning child? In addition for second, related to the Married Law on Art. 30, p. 650 in the same reference book, “A couple have the obligation in loving, respect, take care, help to each other in order to build the happiness in family” that mean before they agreed to get married, they had consent, namely, man cannot allow or mistree can not sell his wife in any situation. If the man/mistress do that, they will be charged with Violence on the Truthfulness Law, this third. Forth, to selling his wife for money is the action against Human Right of “Convention Against Torture and Others Cruel, Inhuman of Degrading Treatment of Punishment” and also they will face to the monopogamy law (Man allowed to have only one wife) that Cambodia constitution has just adopt recently.
Inbrife, there are many Codes of Mammurabi that sound bias for one specific situation and I think that was not independent for offering the true justic for their people during that time comparing to our latest laws have been adopt and they truly work for many cases.

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