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Author: Hina Azam Publisher: Cambridge University Press ISBN: 1316300412 Category : History Languages : en Pages : 285
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: Ayaan Hirsi Ali Publisher: HarperCollins ISBN: 0062857894 Category : Political Science Languages : en Pages : 217
Book Description
Why are so few people talking about the eruption of sexual violence and harassment in Europe’s cities? No one in a position of power wants to admit that the problem is linked to the arrival of several million migrants—most of them young men—from Muslim-majority countries. In Prey, the best-selling author of Infidel, Ayaan Hirsi Ali, presents startling statistics, criminal cases and personal testimony. Among these facts: In 2014, sexual violence in Western Europe surged following a period of stability. In 2018 Germany, “offences against sexual self-determination” rose 36 percent from their 2014 rate; nearly two-fifths of the suspects were non-German. In Austria in 2017, asylum-seekers were suspects in 11 percent of all reported rapes and sexual harassment cases, despite making up less than 1 percent of the total population. This violence isn’t a figment of alt-right propaganda, Hirsi Ali insists, even if neo-Nazis exaggerate it. It’s a real problem that Europe—and the world—cannot continue to ignore. She explains why so many young Muslim men who arrive in Europe engage in sexual harassment and violence, tracing the roots of sexual violence in the Muslim world from institutionalized polygamy to the lack of legal and religious protections for women. A refugee herself, Hirsi Ali is not against immigration. As a child in Somalia, she suffered female genital mutilation; as a young girl in Saudi Arabia, she was made to feel acutely aware of her own vulnerability. Immigration, she argues, requires integration and assimilation. She wants Europeans to reform their broken system—and for Americans to learn from European mistakes. If this doesn’t happen, the calls to exclude new Muslim migrants from Western countries will only grow louder. Deeply researched and featuring fresh and often shocking revelations, Prey uncovers a sexual assault and harassment crisis in Europe that is turning the clock on women’s rights much further back than the #MeToo movement is advancing it.
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: Markus D Dubber Publisher: OUP Oxford ISBN: 0191654604 Category : Law Languages : en Pages : 1294
Book Description
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Author: Camilla Adang Publisher: BRILL ISBN: 9004243100 Category : Reference Languages : en Pages : 826
Book Description
This volume represents the state of the art in research on the controversial Muslim legal scholar, theologian and man of letters Ibn Ḥazm of Cordoba (d. 456/1064), who is widely regarded as one of the most brilliant minds of Islamic Spain. Remembered mostly for his charming treatise on love, he was first and foremost a fierce polemicist who was much criticized for his idiosyncratic views and his abrasive language. Insisting that the sacred sources of Islam are to be understood in their outward sense and that it is only the Prophet Muḥammad whose example may be followed, Ibn Ḥazm alienated himself from his peers. As a result, his books were burned and he was forced to withdraw from public life. Contributors are: Camilla Adang, Hassan Ansari, Samuel-Martin Behloul, Alfonso Carmona, Leigh Chipman, Maribel Fierro, Alejandro García Sanjuán, Livnat Holtzman, Samir Kaddouri, Joep Lameer, Christian Lange, Gabriel Martinez Gros, Luis Molina, Salvador Peña, Jose Miguel Puerta Vilchez, Rafael Ramón Guerrero, Adam Sabra, Sabine Schmidtke, Delfina Serrano, Bruna Soravia, Dominique Urvoy, Kees Versteegh and David Wasserstein.
Author: Megan Goodwin Publisher: Rutgers University Press ISBN: 1978807805 Category : Religion Languages : en Pages : 233
Book Description
Sex abuse happens in all communities, but American minority religions often face disproportionate allegations of sexual abuse. Why, in a country that consistently fails to acknowledge—much less address—the sexual abuse of women and children, do American religious outsiders so often face allegations of sexual misconduct? Why does the American public presume to know “what’s really going on” in minority religious communities? Why are sex abuse allegations such an effective way to discredit people on America’s religious margins? What makes Americans so willing, so eager to identify religion as the cause of sex abuse? Abusing Religion argues that sex abuse in minority religious communities is an American problem, not (merely) a religious one.
Author: Khaled Abou El Fadl Publisher: Rlpg/Galleys ISBN: Category : Political Science Languages : en Pages : 448
Book Description
Abou El Fadl (Islamic law, UCLA School of Law) wrote the 62 brief essays here over the course of five years. Through a combination of musings and critical reflections on classical Muslim authors, he both traces Muslim intellectual history and also confronts questions of ethics, faith, law, politics, culture, and modern identity. He ranges over many facets of Islam in the contemporary world, exploring censorship, political oppression, terrorism, the veil and the treatment of women, marriage, parental rights, the dynamics between law and morality, the character of the prophet Muhammad, and other topics. About half the essays first appeared in The minaret magazine. c. Book News Inc.
Author: Rebecca Emerson Dobash Publisher: SAGE Publications ISBN: 1452250553 Category : Psychology Languages : en Pages : 289
Book Description
Based on a series of international workshops sponsored by the Harry Frank Guggenheim Foundations, this cutting-edge volume advances theories, methodologies, and policy analyses relating to various forms of violence against women. Under the skillful editorship of Rebecca Emerson and Russell P. Dobash, Rethinking Violence Against Women is the joint effort of recognized anthropologists, psychologists, philosophers, sociologists, and historians in the field. Divided in three parts, this text takes a comprehensive examination of the following topics: +
Author: Hina Azam
Author: Hina Azam
Author: Hina Azam
Author: Ayaan Hirsi Ali
Author: Julie Lowe
Author: Markus D Dubber
Author: Camilla Adang
Author: Megan Goodwin
Author: Jamille Bigio
Author: Khaled Abou El Fadl
Author: Rebecca Emerson Dobash