ENGLISH

Sexual Violation in Islamic Law: Substance, Evidence, and Procedure

By Hina Azam

Book information

Publisher
Cambridge University Press
Year
2015
ISBN
1107094240, 9781107094246
Language
english
Format
PDF
Filesize
1 MB (1359759 bytes)
Series
Cambridge Studies in Islamic Civilization
Pages
286\303
Topic
Religion
Time added
2024-10-05 12:04:17
islam; islamic; deen; deeni; quran; qur'an; koran;

Description

This book provides a detailed analysis of Islamic juristic writings on the topic of rape and argues that classical Islamic jurisprudence contained nuanced, substantially divergent doctrines of sexual violation as a punishable crime. The work centers on legal discourses of the first six centuries of Islam, the period during which these discourses reached their classical forms, and chronicles the juristic conflict over whether or not to provide monetary compensation to victims. Along with tracing the emergence and development of this conflict over time, Hina Azam explains evidentiary ramifications of each of the two competing positions, which are examined through debates between the Ḥanafī and Mālikī schools of law. This study examines several critical themes in Islamic law, such as the relationship between sexuality and property, the tension between divine rights and personal rights in sex crimes, and justifications of victim's rights afforded by the two competing doctrines.

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