My Library

LEADER 00000cam a2200229 a 4500 
001    u45295 
003    SIRSI 
008    180408s2015    xxua     b    001 0 eng d 
020    9781107094246 
050 00 KBP4202 |b.A984 2015 
100 1  Azam, Hina,|d1970 
245 10 Sexual violation in Islamic law :|bsubstance, evidence, 
       and procedure /|cHina Azam. 
260    New York, NY :|bCambridge University Press,|c2015 
300    xi,270 p;|c24 cm. 
490    Cambridge studies in Islamic civilization 
504    Includes bibliographical references and index. 
505    Machine generated 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, procedure; 6. Proving rape in Mālikī law - 
       evidence, procedure, penalty; Conclusion. 
520 0  "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" 
650  0 Rape (Islamic law) 
650  0 Sex crimes (Islamic law)