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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 ٍHanafهi and Mهalikهi 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.

In this skillful analysis, Leslie Peirce delves into the life of a sixteenth-century Middle Eastern community, bringing to light the ways that women and men used their local law court to solve personal, family, and community problems. Examining one year's proceedings of the court of Aintab, an Anatolian city that had recently been conquered by the Ottoman sultanate, Peirce argues that local residents responded to new opportunities and new constraints by negotiating flexible legal practices. Their actions and the different compromises they reached in court influenced how society viewed gender and also created a dialogue with the ruling regime over mutual rights and obligations. Locating its discussion of gender and legal issues in the context of the changing administrative practices and shifting power relations of the period, Morality Tales argues that it was only in local interpretation that legal rules acquired vitality and meaning.

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.

The crime of rape is very much rampant in the society. It is a cruel form of sexual offence which leads to injuries to the party against whom it was committed coercively. The legal provisions to punish rape offenders are undoubtedly in existence under the Malaysian criminal law. However, these legal provisions are deemed inadequate in protecting the rights of the rape victims who suffered injuries as a result of such horrendous ordeal. This includes the absence of adequate provision which provides monetary compensation for rape victims. This paper aims at analyzing existing legal provisions under Malaysian criminal law. It then identifies the actual legal problem in the form of inadequate legal protection towards injurious rape victims. The paper simultaneously analyzes Syariah criminal principles on rape and diyyah (compensation or blood money in Islamic law). It consequently recommends solutions on how Malaysian criminal law can be amended to implement diyyah as monetary compensation for future rape victims. The paper adopts a doctrinal approach in its legal analysis. All data collected from library research as well as semistructured interview are analyzed qualitatively and critically. The paper additionally adopts referential method in comparing between the existing Malaysian criminal law and the syariah criminal principles on rape and diyyah. It also uses referential method in suggesting solutions in the form of legal amendments. The paper ultimately proposes the amendment of the relevant provision under the present Malaysian criminal law, paving the way for the implementation of diyyah as monetary compensation for future rape victims.

Why are honour killings and honour-related violence (HRV) so important to understand? What do such crimes represent? And how does HRV fit in with Western views and perceptions of Islam? This distinctively comparative collection examines the concept of HRV against women in general and Muslim women in particular. The issue of HRV has become a sensitive subject in many South Asian and Middle Eastern countries and it has received the growing attention of the media, human rights groups and academics around the globe. However, the issue has yet to receive detailed academic study in the United Kingdom, particularly in terms of both legal and sociological research. This collection sets out the theoretical and ethical parameters of the study of HRV in order to address this intellectual vacuum in a socio-legal context. The key objectives of this book are: to construct, and to develop further, a theory of HRV; to rationalise and characterise the different forms of HRV; to investigate the role of religion, race and class in society within this context, in particular, the role of Islam; to scrutinise the role of the civil/criminal law/justice systems in preventing these crimes; and to inform public policy-makers of the potential policies that may be employed in combating HRV. 1. Introduction Mohammad Mazher Idriss 2. Honour-Related Violence Towards South Asian Muslim Women Tahir Abbas 3. The Silencing of Women from the Pakistani Muslim Mirpuri Community in Violent Relationships Zahira Latif 4. There is Nothing 'Honourable' About Honour Killings: Gender, Violence and the Limits of Multiculturalism Veena Meeto and Heidi Safia Mirza 5. Collective Crimes, Collective Victims: A Case Study into the Murder of Banaz Mahmod Joanne Lee Payton 6. Honour and Shame in Domestic Homicide: A Critical Analysis of the Provocation Defence Anna Carline 7. Does the Qur’an Condone Domestic Violence Sadia Kauser, Sjaad Hussain, Mohammad Mazher Idriss 8. The Construction of ‘Honour’ in Indian Criminal Law: An Indian Lawyer’s Perspective Geeta Ramaseshan 9. Men’s Violence and Women’s Responsibility: Mothers’ Stories about Honour Violence Åsa Eldén 10. Lack of Due Diligence: Judgments of Crimes of Honour in Turkey Leylâ Pervizat 11. A Comparative Study of the Reform Work Conducted in Asia and Europe to Combat Violence and So-Called Honour Murders Rana Husseini 12. Ending Honour Crimes in Sub Saharan Africa: Looking at a Long Hard Death Nancy Kaymar Stafford 13. Conversations Across Borders: Men and Honour Related Violence in the UK and Sweden Suruchi Thapar-Björkert 14. Tackling ‘Crimes of Honour:’ Evaluating the Social and Legal Responses to Combating Forced Marriages in the United Kingdom Samia Bano 15. Reconfiguring ‘Honour’-Based Violence as a Form of Gendered Violence Aisha Gill \"Honour, Violence, Women and Islam, a scholarly attempt to address questions of honour-related violence, is a truly exceptional publication... [it] is among the first complete guides to honour-related violence, and undoubtedly represents a valuable source of information and point of reference for everyone interested in this area of study – postgraduates and academics interested in this area of study, social workers dealing with honour related violence and policy makers alike. It is suitable for anyone seeking a broader picture of the sociological and legal contexts of crimes of honour.\" - Monika Gabriela Dąbrowska, In-Spire, Journal of Law, Politics and Societies Vol. 5, No. 2, Winter 2010 Mohammad Mazher Idriss is a Senior Lecturer and Researcher in Law, formerly at Coventry University. Dr Tahir Abbas FRSA is currently Honorary University Fellow at the Exeter Centre for Ethno-Political Studies.

The increasing prevalence of physical sexual assault against children in Malaysia necessitates a comprehensive legal framework for more effective protection. The enactment of the Sexual Offences Against Children Act 2017 (Act 792) underscores Malaysia s commitment to addressing this issue. However, there is an urgent need to examine Islamic legal provisions to establish a more holistic approach. Despite its significance, figh discourse on this crime is relatively limited and requires deeper analysis. This study seeks to examine the provisions of Act 792 in relation to the figh perspective on the crime of physical sexual abuse against children. The study utilises content analysis centred on pertinent subjects related to physical interactions with children. The sources include classical figh texts from the four major Schools, Hanafi, Maliki, Shafi 'i, and Hanbali, along with contemporary figh references. The research shows that Act 792 and figh both rely on physical contact and sexual intent as basic criteria for identifying offences. However, Act 792 provides a more thorough categorisation of these offences. In contrast, figh adopts a broader, more generalised approach. This study proposes the harmonisation of figh principles within Act 792 to enhance child protection through a more comprehensive legal framework. Such an integration would ensure a more robust and culturally relevant legal response to child sexual offences in Malaysia.

Many Muslims hold the doctrine of the legal schools (madhāhib) in high esteem. As such, the schools’ approaches to rape and sexual assault may impact the behaviour of Muslim victims and witnesses. Through an examination of the legal rules that regulate rape and sexual assault in fiqh and fatwā works associated with the four Sunni schools and Ibn Ḥazm, I aim to determine whether the relevant rules may interfere with the willingness of Muslim victims and witnesses to report or testify to sexual crimes. I argue that although the jurists’ prosecution of sexual assault as a discretionary offence (taʿzīr) is compatible with reporting and testimony, their prosecution of rape as coerced illicit intercourse (zinā), usurpation (ghaṣb), or banditry (ḥirāba) silences victims and witnesses. Further, rules related to financial compensation do not encourage victims to come forward. Reclassifying rape as a discretionary offence would better promote reporting and testimony by victims and witnesses. The central role of ijtihād in creating the historical rules on rape, the jurists’ intent behind those rules, and modern knowledge regarding the reality of rape support this reclassification. Fully resolving issues related to civil compensation is difficult without broader reforms of Islamic tort law.

Objectives. We examined whether social norms toward spousal violence in Nigeria, at the state level, are associated with a woman’s exposure to physical and sexual violence perpetrated by her husband. Methods. Using data from the 2008 Demographic and Health Survey, we fit four 3-level random intercepts models to examine contextual factors associated with spousal violence while accounting for individual-level predictors. Results. Of the 18 798 ever-married Nigerian women in our sample, 18.7% reported exposure to spousal sexual or physical violence. The prevalence was geographically patterned by state and ranged from 3% to 50%. Permissive state-level social norms toward spousal violence were positively associated with a woman’s report of physical and sexual violence perpetrated by her husband (odds ratio [OR] = 1.80; 95% confidence interval [CI] = 1.17, 2.77), after adjusting for individual-level characteristics. A number of individual-level variables were significantly associated with victimization, including a woman’s accepting beliefs toward spousal violence (OR = 1.11; 95% CI = 1.09, 1.14). Women living in states with Sharia law were less likely to report spousal violence (OR = 0.58; 95% CI = 0.35, 0.95). Conclusions. Efforts to end violence against women, particularly spousal violence, should consider broader social and contextual determinants of violence including social norms.

On 6 December 2022, Jakarta passed a controversial law criminalising extramarital sex within Indonesian territories. In this policy article, in response to Indonesia’s recent criminalisation of extramarital sex, the author problematises how such legislation compounds domestic sex workers’ encounters with poverty. Then, the author visits Indonesia’s minimum tolerance of prostitution, arguing how such an impractical policy hinders Jakarta from eradicating the socioeconomic root causes of prostitution. Next, the author suggests policy directions that Jakarta should take into account in order to deconstruct the problems of underprivileged, marginalised and impoverished women and girls entering the sex industry. Here the author emphasises that Indonesia can deny the recognition of prostitutes, but it has to recognise prostitutes as local citizens. Therefore, social protection schemes designated for domestic citizens should be made accessible on a gender-blind basis, regardless of beneficiaries’ socioeconomic backgrounds.

Depiction of Bertrande, the wife of Martin Guerre, by Natalie Zemon Davis in her famous book The Return of Martin Guerre has been revolutionary in its attempt to recover the criminal agency of women in historical writing. Davis challenged the representation of women as “deceived” actors of history. Although the story of Martin Guerre has been retold many times, Bertrande has almost always been depicted as being fooled by Arnaud, the false husband; indeed the court that investigated the case decided to accept her testimony that she was “tricked” for more than three years. Despite being suspicious of adultery, the court excused her by considering “the weakness of her sex, easily deceived by the trickery and finesse of men,” and thus mitigated female responsibility. Yet, Davis read the same documents from a different perspective and asserted the possibility that Bertrande might have been “acquiescent” rather than “deceived” and may even have been an accomplice of Arnaud by preferring him, both sexually and socially, to Martin Guerre, her real husband who had abandoned her. In the end, the accused has not been Bertrande, but Natalie Zemon Davis, by a male historian, Robert Finlay, for creating a “proto-feminist of peasant culture” out of Bertrande.