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

Hina Azam (University of Texas, Austin)

Sexual Violation in Islamic Law: Substance, Evidence, and Procedure
Format
Paperback
Publisher
Cambridge University Press
Country
United Kingdom
Published
27 July 2017
Pages
284
ISBN
9781107476066

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

Hina Azam (University of Texas, Austin)

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 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.

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