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

ISBN-13: 9781107094246 / Angielski / Twarda / 2015 / 286 str.

Hina Azam

Opis

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 compensations 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 H anafi and Ma liki 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."

Recenzje

'Hina Azam takes on contemporary practices of Islamic law that work against rape victims through a revisiting of late antique and medieval legal discourses. Her meticulous approach yields ample material for rethinking some of the more injurious aspects of current legal interpretations and sounds a compelling call for gender justice grounded in the Islamic legal tradition. An exemplary work of engaged scholarship.' Judith Tucker, Georgetown University, Washington DC

Spis treści

Introduction; 1. Sexual violation in the Late Antique Near East; 2. Tracing rape in early Islamic law; 3. Rape as a property crime - the Mālikī approach; 4. Rape as a moral transgression - the Ḥanafī approach; 5. Proving rape in Ḥanafī law - substance, evidence, procedure; 6. Proving rape in Mālikī law - evidence, procedure, penalty; Conclusion.