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"Fornication"
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\Off the straight path\ : illicit sex, law, and community in Ottoman Aleppo
The legal treatment of sexual behavior is a subject that receives little scholarly attention in the field of Middle East women's studies. Elyse Semerdjian's 'Off the Straight Path' takes a bold step toward filling that gap, offering a fascinating look at the historical progression of Islamic law's treatment of illicit sex.
Book
The Lanao Sultanate Today: Its Adat Laws and Islamic Law on Fornication with Special Reference to the Islamic Perspectives of al-Māwardī
The Pat a Pangampong sa Ranao is the archaic name of the four states of Lanao. These four states are Bayabao, Masiu, Unayan, and Baloi which are collectively called the confederate states of Lanao, known as the Lanao Sultanate. This Sultanate was founded by the Lanao chieftains when they seceded Lanao from the Magindanao Sultanate in the 17th century which still exists today. This Sultanate had the traditional laws i.e. Adat laws and Islamic laws. Its political structure consists of traditional leaders and the forty-three sultans who ruled the pagawidan (supported) states and pagawid (supporting) states. Fifteen of these sultans were the executive bodies of the fifteen royal houses of the Lanao Sultanate, while twenty-eight of these sultans were called m’babaya ko taritib who were the legislative bodies and governors of the twenty-eight supporting states of Lanao Sultanate. Today, the Lanao Sultanate operates like the sultanates in Malaysia and Indonesia. Studies specifically dealing from the Sunni Islamic perspective on punishment for Zina (fornication) of the Lanao Sultanate are not represented in literature. This explains why there is a huge research gap on the Sunni Islamic perspective on punishment for fornication in the said sultanate. To fill in this research gap, this paper will explore in-depth the practices of the Royal Court of the said sultanate on punishment for fornication. The findings will be cross-referred to the Qur’ān and Ḥadīth injunctions on punishment for fornication; as well as on al-Māwardī’s Islamic perspectives on punishment for Zina.
Journal Article
Geslachtsgemeenschap zonder huwelijk als een multidimensionale zonde
Bruce Malina’s views on sexuality continue to exercise a major influence on contemporary Biblical scholarship. His position was that the Bible in general, and the Torah specifically, approve of sexual intercourse without marriage, as long as it is a voluntary act and the parties are not engaged to or married to someone other and it is not a commercial act. An analysis of the primary sources, as well as the Rabbinic commentaries and the tradition of the Western Church, shows that this view fails to do justice to semantic use of ‘fornication’ [תוּנְז] in the Thora, as well as to related incidences of πορνεία in the Septuagint and the New Testament. This article argues, on the basis of a text-oriented philological reading of the ancient texts, that these condemn sexual intercourse without an established marriage as a multidimensional sin. Both historical Rabbinic and Apostolic traditions claim a continued validity for this moral evaluation. Contribution: This article seeks to understand the source-orientated nature of the historical evaluation of sexual intercourse outside marriage in the Jewish and Christian tradition. The results of this enquiry show that a text-oriented approach within the context of tradition allows no room for sexual intercourse without marriage but condemns this as a multidimensional sin. The implication of this is that liberal opinions such as those of Malina are fundamentally not an exegesis of the text in historical context, but a form of meaning assignment. The influence of the philosophy of existentialism and postmodernism on Biblical studies in this development requires further research.
Journal Article
Przestępstwo czynu nierządnego z nieletnim w kodeksach karnych państw zaborczych i kodeksie karnym z 1932 roku. Przyczynek do badań
The crime of pedophilia, as a separate type of prohibited act, appeared in Poland together with the criminal codes of the partitioning countries. These provisions were in many cases very casuistic, providing a different standard of protection for minors. The Criminal Code of 1932 introduced a uniform standard of protection through the provision of Article 203 penalizing the act of fornication with a minor. The author discusses not only the provisions of the partitioning codes and the Polish Criminal Code of 1932 relating to the crime of pedophilia, but also points to the conflict of these provisions with the provisions of the marriage law in force in Poland, which in some cases allowed children under 15 years of age to marry.
Journal Article
\Off the Straight Path\
The legal treatment of sexual behavior is a subject that receives little scholarly attention in the field of Middle East women’s studies. Important questions about the relationship between sexuality and the law and about the societies enforcing that relationship are rarely addressed in the current literature. Elyse Semerdjian’s \"Off the Straight Path\" takes a bold step toward filling that gap, offering a fascinating look at the historical progression of Islamic law’s treatment of illicit sex. Semerdjian provides a comprehensive review of the concept of zina, sexual indiscretion, exploring the diverse interpretation of zina crime as presented in a variety of sources from the Qur’an and hadith to legal literature. She then delves into the history of legal responses to zina within the specific community of Aleppo, Syria. Drawing on a wealth of shari ’a court records, Semerdjian brings to life Syrian society during the Ottoman period. With vivid detail, she describes specific women’s lives and experiences as their cases are presented before the court. Semerdjian argues that the actual treatment of zina crimes in the courts differs substantially from sentences prescribed by codifed Islamic jurisprudence. In contrast to the violent corporal punishments dictated in the Islamic legal code, the courts often punished crimes of sexual indiscretion with nonviolent sentences, such as removal from the community. Employing exceptional insight, \"Off the Straight Path\" presents a powerful challenge to the traditional view of Islamic law, enabling a richer understanding of Islamic society.
eBook
The Making of Tantric Orthodoxy in the Eleventh-Century Indo-Tibetan World: Jñānākara's \Mantrāvatāra\ (Gsang sngags la 'jug pa)
My paper focuses on one of the most influential, but hardly explored, scholar of the phyi dar period *Jñānākara (eleventh century). *Jñānākara's *Mantrāvatāra (An Introduction to the [Path of] Mantra) and his auto-commentary, *Mantrāvatāra-vṛtti, which have been lost in the original Sanskrit, but can be accessed in Tibetan translation as Gsang sngags la 'jug pa and Gsang sngags la 'jug pa 'i 'grel pa respectively, provides a comprehensive picture of doctrinal debate that dominated the scene in the intellectual history of the eleventh-century Indo-Tibetan world, through demonstrating various perspectives on tantric practices that were forced to enter the battlefield of a critical discussion during the 'tantric age'. The paper will try to reconstruct the most controversial issues of this debate, such as 'cenobitic fornication'—that is whether monks should obtain tantric initiation and engage in the practices in which copulation was a central part—and the so-called wrathful rites (mngon spyod). Motivated by polemical ends, *Jñānākara's *Mantrāvatāra aims at establishing its self-authenticity and preeminence by contrasting its 'correct tantric practice' with the so-called 'perverse tantric practice' promoted by 'frauds' and attributing to them, often pejoratively, erroneous or willful misappropriation of tantric scriptures. In this context, the making of orthodoxy goes hand in hand with questioning the legitimacy of certain tantric practices.
Journal Article