Sexual violation in Islamic law : substance, evidence, and procedure / Hina Azam, University of Texas at Austin.
2015
KBP4202 .A984 2015 (Mapit)
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Author
Title
Sexual violation in Islamic law : substance, evidence, and procedure / Hina Azam, University of Texas at Austin.
Imprint
New York, NY : Cambridge University Press, 2015.
Description
xi, 270 pages ; 24 cm.
Series
Cambridge studies in Islamic civilization.
Formatted Contents Note
Introduction
1. Sexual violation in the Late Antique Near East
2. Tracing rape in early Islamic law
3. Rape as a property crime : the Mālikī approach
4. Rape as a moral transgression : the Ḥanafī approach
5. Proving rape in Ḥanafī law : substance, evidence, and procedure
6. Proving rape in Mālikī Law : evidence, procedure, penalty.
1. Sexual violation in the Late Antique Near East
2. Tracing rape in early Islamic law
3. Rape as a property crime : the Mālikī approach
4. Rape as a moral transgression : the Ḥanafī approach
5. Proving rape in Ḥanafī law : substance, evidence, and procedure
6. Proving rape in Mālikī Law : evidence, procedure, penalty.
Summary
"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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 249-260) and index.
Location
RBLL2
Call Number
KBP4202 .A984 2015
Language
English
ISBN
9781107094246 hardback
1107094240 hardback
1107094240 hardback
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