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

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

Name: Sexual Violation in Islamic Law: Substance, Evidence, and Procedure
Brand: Cambridge University Press
SKU: 9781107476066
Price: 428.74 HKD
Availability: InStock
Author: Hina Azam
ISBN: 9781107476066

By Hina Azam

Cambridge University Press July 2017

Specifications

ISBN-13: 9781107476066
Publisher: Cambridge University Press
Publication: July 2017
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

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 Hanafi and Maliki 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.

Introduction

1. Sexual violation in the Late Antique Near East

2. Tracing rape in early Islamic law

3. Rape as a property crime - the Maliki approach

4. Rape as a moral transgression - the Hanafi approach

5. Proving rape in Hanafi law - substance, evidence, procedure

6. Proving rape in Maliki law - evidence, procedure, penalty

Conclusion.

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