Gender justice in Islamic law : homicide and bodily injuries / Musa Usman Abubakar.
2018
KBP4048 .A28 2018 (Mapit)
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Details
Title
Gender justice in Islamic law : homicide and bodily injuries / Musa Usman Abubakar.
Imprint
Oxford, UK : Hart Publishing, an imprint of Bloomsbury Publishing Plc, 2018.
Description
xxii, 228 pages ; 24 cm
Formatted Contents Note
Gender justice in Islam
The dividing line between the divine and human
Homicide, bodily injuries and gender in fiqh literature
Juristic use of ̀'Āqilah in balancing gender disparity
Arguments and counter-arguments on asymmetric diyah across genders
Addressing the conflicting narratives using elimination (Al-tarjīḥ) and abrogation (Al-naskh) methods
Case study of Pakistan
Legitimising gender violence through judicial process
Case study of Nigeria
Judicial insensitivity to gender issues.
The dividing line between the divine and human
Homicide, bodily injuries and gender in fiqh literature
Juristic use of ̀'Āqilah in balancing gender disparity
Arguments and counter-arguments on asymmetric diyah across genders
Addressing the conflicting narratives using elimination (Al-tarjīḥ) and abrogation (Al-naskh) methods
Case study of Pakistan
Legitimising gender violence through judicial process
Case study of Nigeria
Judicial insensitivity to gender issues.
Summary
This book seeks to interrogate the classical fiqh formulation on gender and homicide with a view to exploring further the debate on whether the so-called gender injustice in Islamic law is a human creation or attributable to the divine sources of the Qur'an and Sunnah. The study is in response to the increasing criticism of the Islamic criminal law regime and the accusation that it discriminates on the basis of gender. It argues that any attempt to critique a religious question through the lens of traditional Western human rights ideals would be resisted by the vast majority of Muslims. An examination of the question and any suggested solutions offered would be much more effective if situated within the system they identify with; that is to address the question of gender justice deficit from within the Islamic legal tradition. Focusing on Nigeria and Pakistan, the book achieves this by drawing on classical fiqh literature, contemporary literature, legislative sources and relevant case law.
Note
Based on the author's thesis (doctoral - University of Warwick, 2012) issued under title: Gender justice and Islamic laws of homicide and bodily hurt of Pakistan and Nigeria.
Bibliography, etc. Note
Includes bibliographical references (pages 212-220) and index.
Available in Other Form
Online version: Abubakar, Musa Usman, 1969- Gender justice in Islamic law. Oxford : Hart Publishing, 2018
Call Number
KBP4048 .A28 2018
Language
English
ISBN
9781509915095 (hardcover ; alkaline paper)
1509915095 (hardcover ; alkaline paper)
9781509915088 (ePDF)
9781509915101 (ePub)
1509915095 (hardcover ; alkaline paper)
9781509915088 (ePDF)
9781509915101 (ePub)
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