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.
General
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