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

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

作者： Hina Azam
出版商： Cambridge University Press
ISBN: 9781107476066
出版时间 July 2017
规格： Paperback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only

AU$76.38

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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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