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Author: Julie Lowe Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Despite the miscarriages of justice that occur when modern governments purport to implement Islamic laws on rape, and despite continuing interest among some Muslims in present-day applications of Islamic law, not enough research exists on the approach to sexual violations in Islamic jurisprudence. Further, little is known regarding the legal approach of most Muslim-majority countries to sexual violence. Therefore, this dissertation addresses two main questions: First, how does Islamic law, as conceived by the Ḥanafī, Mālikī and Shāfīʿī schools from the 15th CE/9th h century onward, conceptualize sexual violence? Second, how does the law in Jordan conceptualize this issue? Based on analysis of fiqh and fatwās, and building on Hina Azam's work, Muslim jurists primarily conceive of rape as a moral transgression against God rather than a crime against an individual victim. The association of rape with zinā (illicit intercourse), where jurists aim to cover the sin, precludes prosecution and compensation in many rape cases and impacts related issues such as reporting of sexual violence and standards of coercion. Further, alternate approaches to rape under usurpation (ightiṣāb) and banditry (ḥirāba), as well as tort compensation for injuries from sexual violence, are intertwined with moral considerations. Moreover, the moral framework combined with gendered concepts leads to additional difficulties for male victims. Analysis of criminal legislation, commentaries and a sample of court decisions indicates that Jordan has adopted a secular system for criminal law that contains little direct relation to Islamic jurisprudence. However, despite largely treating sexual violence as a crime against an individual victim, Jordan maintains a partially moral notion of sexual offences. While the moral slant has decreased in recent years, and although court judgments do not explicitly incorporate notions not found in the Criminal Code, there is some indication of non-written social mores guiding aspects of judicial proceedings.
Author: Julie Lowe Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Despite the miscarriages of justice that occur when modern governments purport to implement Islamic laws on rape, and despite continuing interest among some Muslims in present-day applications of Islamic law, not enough research exists on the approach to sexual violations in Islamic jurisprudence. Further, little is known regarding the legal approach of most Muslim-majority countries to sexual violence. Therefore, this dissertation addresses two main questions: First, how does Islamic law, as conceived by the Ḥanafī, Mālikī and Shāfīʿī schools from the 15th CE/9th h century onward, conceptualize sexual violence? Second, how does the law in Jordan conceptualize this issue? Based on analysis of fiqh and fatwās, and building on Hina Azam's work, Muslim jurists primarily conceive of rape as a moral transgression against God rather than a crime against an individual victim. The association of rape with zinā (illicit intercourse), where jurists aim to cover the sin, precludes prosecution and compensation in many rape cases and impacts related issues such as reporting of sexual violence and standards of coercion. Further, alternate approaches to rape under usurpation (ightiṣāb) and banditry (ḥirāba), as well as tort compensation for injuries from sexual violence, are intertwined with moral considerations. Moreover, the moral framework combined with gendered concepts leads to additional difficulties for male victims. Analysis of criminal legislation, commentaries and a sample of court decisions indicates that Jordan has adopted a secular system for criminal law that contains little direct relation to Islamic jurisprudence. However, despite largely treating sexual violence as a crime against an individual victim, Jordan maintains a partially moral notion of sexual offences. While the moral slant has decreased in recent years, and although court judgments do not explicitly incorporate notions not found in the Criminal Code, there is some indication of non-written social mores guiding aspects of judicial proceedings.
Author: Olaf Köndgen Publisher: BRILL ISBN: 9004699031 Category : Law Languages : en Pages : 364
Book Description
The present work supplements the original volume of A Bibliography of Islamic Criminal Law, the most extensive bibliography on Islamic criminal law ever compiled. Drawing on a multitude of sources online and offline this bibliography covers in its thematic section not only the classical crime categories of ḥudūd, qiṣāṣ and taʿzīr but also a large number of newly emerging and related fields. In a second section, dedicated to countries, eras and institutions Olaf Köndgen comprehensively covers the historical and modern application of Islamic criminal law in all its forms. Unlocking the richness of this sub-field of Islamic law, also with the help of two detailed indices, this innovative reference work is highly relevant for all those researching Islamic law in general and the application of Islamic criminal law over time in particular.
Author: Hina Azam Publisher: ISBN: 9781316320457 Category : HISTORY Languages : en Pages :
Book 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"--
Author: Hilary Lim Publisher: Zed Books Ltd. ISBN: 1848137206 Category : Law Languages : en Pages : 247
Book Description
In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
Author: Kai Ambos Publisher: Cambridge University Press ISBN: 1108483399 Category : Law Languages : en Pages : 507
Book Description
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Author: Wael B. Hallaq Publisher: Cambridge University Press ISBN: 1139489305 Category : Law Languages : en Pages : 209
Book Description
The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.
Author: David R. Vishanoff Publisher: International Institute of Islamic Thought (IIIT) ISBN: 1642053465 Category : Religion Languages : en Pages : 224
Book Description
Does Islamic law define Islamic ethics? Or is the law a branch of a broader ethical system? Or is it but one of several independent moral discourses, Islamic and otherwise, competing for Muslims’ allegiance? The essays in this book present a range of answers: some take fiqh as the defining framework for ethics, others insert the law into a broader ethical system, and others present it as just one among several parallel Islamic ethical discourses, or show how Islamic ethics might coexist with non-Muslim normative systems. Their answers have far reaching implications for epistemology, for the authority of jurists and lay Muslims, for the practical moral challenges of daily life, and for relationships with non-Muslims. The book presents Muslim ethicists with a strategic contemporary choice: should they pursue a single overarching methodology for judging all ethical questions, or should they relish the rhetorical and political competition of alternative but not necessarily incompatible moral discourses?
Author: Julie Lowe
Author: Julie Lowe
Author: Olaf Köndgen
Author: Hina Azam
Author: Hina Azam
Author: Rudolph Peters
Author: Michael Mumīsa
Author: Hilary Lim
Author: Kai Ambos
Author: Wael B. Hallaq
Author: David R. Vishanoff