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Sexual Violation in Islamic Law - Substance, Evidence, and Procedure (Hardcover)
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Sexual Violation in Islamic Law - Substance, Evidence, and Procedure (Hardcover)
Series: Cambridge Studies in Islamic Civilization
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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 H anafi and Ma liki
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.
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