Sexual violation in Islamic law : substance, evidence, and procedure / Hina Azam, University of Texas at Austin.
2015
KBP4202 .A984 2015 (Map It)
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Details
Author
Title
Sexual violation in Islamic law : substance, evidence, and procedure / Hina Azam, University of Texas at Austin.
Published
New York, NY : Cambridge University Press, 2015.
Call Number
KBP4202 .A984 2015
Former Call Number
Islam 842 Az13 2015
ISBN
9781107094246 (hbk.)
1107094240 (hbk.)
1107094240 (hbk.)
Description
xi, 270 pages ; 24 cm.
System Control No.
(OCoLC)894935719
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.
Record Appears in
Table of Contents
Acknowledgments
ix
Introduction
1
Sexual Violence in Contemporary Muslim Societies
1
Key Themes and Arguments of This Book
8
Sources and Periodization
13
Terminology: "Sexual Violence," "Sexual Violation," and "Rape"
16
Limits of This Study
18
1.
Sexual Violation in the Late Antique Near East
21
Ancient Mesopotamian Laws
16
Mosaic and Rabbinic Laws
30
Roman and Christian Imperial Legislation
40
Pre-Islamic Arabian Custom
53
Conclusion
59
2.
Tracing Rape in Early Islamic Law
61
Theocentric Ethics and the Moralization of Sexuality
64
Legal Agency and Its Impediments
78
Proprietary Sexual Ethics and the Idea of Sexual Usurpation
84
Divine Rights (Huquq Allah) and Interpersonal Rights (Huquq al-'Ibad)
93
Constructions of Rape in the Legal Athar
98
Conclusion
113
3.
Rape as a Property Crime: The Malik! Approach
114
Sexuality as a Commodity and the Dower as an Exchange Value
119
Sexual Violation as Property Usurpation: Ghasb and Ightisab
127
Upholding Interpersonal Rights alongside Divine Rights
138
Conclusion
146
4.
Rape as a Moral Transgression: The Hanafi Approach
147
Theocentric Approach to Sexual Violation
150
Marriage versus Fornication, Dower versus Hadd
154
Additional Reasons for Rejecting the Dower Compensation
162
Conclusion
167
5.
Proving Rape in Hanafi Law: Substance, Evidence, and Procedure
170
Substance of Zina: Definition
170
Exceptions to Zina
173
Punishing Zina
184
Ramifications of the Hanafi Definition of Zina for Rape
185
Evidence and Procedure in Zina and Rape
187
Conclusion
199
6.
Proving Rape in Maliki Law: Evidence, Procedure, and Penalty
201
Unity and Diversity in Maliki Evidence and Procedure
203
Evidentiary Foundations: Pregnancy as Evidence of Zina
204
Procedural Foundations: Launching an Accusation of Rape
209
Pregnancy as Evidence in Later Maliki Writings
216
Calibrating Penalties According to Substance and Evidence
219
Conclusion
237
Conclusion
239
Bibliography
249
Index
261