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Rape In Islamic Law
In Islam, human sexuality is governed by Islamic law (Sharia). Accordingly, sexual violation is regarded as a violation of moral and divine law. Islam divides claims of sexual violation into 'divine rights' (''huquq Allah'') and 'interpersonal rights' (''huquq al-'ibad''): the former requiring divine punishment (''hadd'' penalties) and the latter belonging to the more flexible human realm. Rape is considered a serious sexual crime in Islam. In Islam, rape is called Zina Al-Zibr or Ightisab, and it falls under the rules of Hirabah. Classical Islamic law (''Shari'a'') regarded the crime of sexual violation as a coercive zina, and therefore a hadd offence. There is also a lack of recognition of marital rape by mainstream jurists. The consent of a slave for sex, for withdrawal before ejaculation ( azl) or to marry her off to someone else was not considered necessary, historically. As with enslaved females, according to Islamic law, married women are required to oblige their husbands' s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sharia
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the Hadith. In Arabic, the term ''sharīʿah'' refers to God's immutable divine law and is contrasted with ''fiqh'', which refers to its human scholarly interpretations. In the historical course, fiqh sects have emerged that reflect the preferences of certain societies and state administrations on behalf of people who are interested in the theoretical (method) and practical application (Ahkam / fatwa) studies of laws and rules, but sharia has never been a valid legal system on its own. It has been used together with " customary (Urf) law" since Omar or the Umayyads. It may also be wrong to think that the Sharia, as a religious argument or belief, is entirely within or related to Allah's commands and prohibitions. Several non-graded crimes are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abu Bakr Ibn Al-Arabi
Abu Bakr ibn al-Arabi or, in full Abū Bakr Muḥammad ibn ʿAbdallāh ibn al-ʿArabī al-Maʿāfirī al-Ishbīlī ( ar, أبو بكر محمّد ابن عبدالله ابن العربى المعافرى الأسفلى) born in Sevilla in 1076 and died in Fez in 1148) was a Muslim judge and scholar of Maliki law from al-Andalus. Like Al-Mu'tamid ibn Abbad, Ibn al-Arabi was forced to migrate to Morocco during the reign of the Almoravids. It is reported that he was a student of Al-Ghazali. He was a master of Maliki Jurisprudence. His father was a student of Ibn Hazm. He also contributed to the spread of Ash'ari theology in Spain. A detailed biography about him was written by his contemporary Qadi Ayyad (), the Malikite scholar and judge from Ceuta.''The Encyclopaedia of Islam''. New Edition. Brill, Leiden. vol. 4, p. 289 Biography Abu Bakr Ibn al-'Arabi (born 468/1076, died 543/1148) was a "Andalusian Malikite qadi". He was born in Seville Al-Andalus, Ibn al-'Arabi's father (Ab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cambridge University Press
Cambridge University Press is the university press of the University of Cambridge. Granted letters patent by Henry VIII of England, King Henry VIII in 1534, it is the oldest university press A university press is an academic publishing house specializing in monographs and scholarly journals. Most are nonprofit organizations and an integral component of a large research university. They publish work that has been reviewed by schola ... in the world. It is also the King's Printer. Cambridge University Press is a department of the University of Cambridge and is both an academic and educational publisher. It became part of Cambridge University Press & Assessment, following a merger with Cambridge Assessment in 2021. With a global sales presence, publishing hubs, and offices in more than 40 Country, countries, it publishes over 50,000 titles by authors from over 100 countries. Its publishing includes more than 380 academic journals, monographs, reference works, school and uni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ignorantia Juris Non Excusat
In law, (Latin for "ignorance of the law excuses not"),''Black's Law Dictionary'', 5th Edition, pg. 672 or ("ignorance of law excuses no one"),''Black's Law Dictionary'', 5th Edition, pg. 673 is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely by being unaware of its content. European-law countries with a tradition of Roman law may also use an expression from Aristotle translated into Latin: ("nobody is thought to be ignorant of the law") or ("not knowing the law is harmful"). Explanation The rationale of the doctrine is that if ignorance were an excuse, a person charged with criminal offenses or a subject of a civil lawsuit would merely claim that one was unaware of the law in question to avoid liability, even if that person really does know what the law in question is. Thus, the law imputes knowledge of all laws to all persons within the jurisdiction no matter how transiently. Even though it would be i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Zina
''Zināʾ'' () or ''zinā'' ( or ) is an Islamic legal term referring to unlawful sexual intercourse. According to traditional jurisprudence, ''zina'' can include adultery, fornication, prostitution, rape, sodomy, incest, and bestiality. ''Zina'' must be proved by testimony of four Muslim eyewitnesses to the actual act of penetration, or a confession repeated four times and not retracted later. The offenders must have acted of their own free will. Rapists could be prosecuted under different legal categories which used normal evidentiary rules.A. Quraishi (1999), Her honour: an Islamic critique of the rape provisions in Pakistan's ordinance on ''zina'', ''Islamic studies'', Vol. 38, No. 3, pp. 403–431 Making an accusation of ''zina'' without presenting the required eyewitnesses is called ''qadhf'' (), which is itself a ''hudud'' offense. There are very few recorded examples of the stoning penalty for ''zinā'' being implemented legally. Prior to legal reforms introduced ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kecia Ali
Kecia Ali (born 1972) is an American academic who focuses on the study of Islamic jurisprudence, ethics, women and gender, and biography. She is currently a professor of religion at Boston University. She previously worked with Brandeis University's Feminist Sexual Ethics Project, presided over the Society for the Study of Muslim Ethics and was a research associate and postdoctoral fellow at Brandeis University and Harvard Divinity School. Education Ali received her BA at Stanford University in History and Feminist Studies in 1993. Then, in 2000, she received her M.A. in Religion and in 2002 her Ph.D. in Religion both at Duke University. She converted to Islam while in college. Work Ali has written relating to the topic of marriage, womanhood, and their connection with, and development alongside, Islam. She is sensitive to the way the Western World perceives women in Islam and says that in Islamic studies "Issues of gender are very much on everybody's minds." ''Sexual Eth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Al-Hidayah
''Al-Hidayah fi Sharh Bidayat al-Mubtadi'' (d. 593 AH/1197 CE) ( ar, الهداية في شرح بداية المبتدي, ''al-Hidāyah fī Sharḥ Bidāyat al-Mubtadī''), commonly referred to as ''al-Hidayah'' (lit. "the guidance", also spelled ''Hedaya'' Charles Hamilton (trans.) ''The Hedaya: Commentary on the Islamic Laws'' (Delhi) 1994 (2nd Edition 1870)), is a 12th-century legal manual by Burhan al-Din al-Marghinani, which is considered to be one of the most influential compendium of Hanafi jurisprudence (''fiqh''). It has been subject of numerous commentaries. The book played a key role in the development and amalgamation of Islamic and British law known as ''Anglo-Muhammadan law''. History and significance The author, Shaykh al-Islam Burhan al-Din al-Farghani al-Marghinani (d.593AH/1197CE), was considered to be one of the most esteemed jurists of the Hanafite school. Al-Hidayah is a concise commentary on al-Marghinani's own compendium ''al-Bidayat al-mubtadi'', which wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fiqh
''Fiqh'' (; ar, فقه ) is Islamic jurisprudence. Muhammad-> Companions-> Followers-> Fiqh. The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and examples of the Prophet passed down as hadith). The first Muslims (the Sahabah or Companions) heard and obeyed, and passed this essence of Islam to succeeding generations (''Tabi'un'' and ''Tabi' al-Tabi'in'' or successors/followers and successors of successors), as Muslims and Islam spread from West Arabia to the conquered lands north, east, and west, Hoyland, ''In God's Path'', 2015: p.223 where it was systematized and elaborated Hawting, "John Wansbrough, Islam, and Monotheism", 2000: p.513 The history of Islamic jurisprudence is "customarily divided into eight periods": El-Gamal, ''Islamic Finance'', 2006: pp. 30–31 *the first period ending with the death of Muhammad in 11 AH. *second period "characterized by personal interp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dar Al-Ifta Al-Misriyyah
Egypt's Dar al-Ifta ( ar, دار الإفتاء المصرية ) is an Egyptian Islamic advisory, justiciary and governmental body established as a centre for Islam and Islamic legal research in Egypt in 1313 AH / 1895 CE. It offers Muslims religious guidance and advice through the issuing of fatwas on everyday and contemporary issues. Dār al-Iftā' draws upon the Qur’an, hadith, and precedents of Islamic jurists throughout history to deliver fatwas on topics relevant to contemporary Muslims. Its fatwas are influential among Sunni Muslims in Egypt and across the world. Status of Dar al-Ifta Since it was first established, Egypt's Dar al-Ifta has been the premier institute to represent Islam and the international flagship for Islamic legal research. It fulfills its historic and civil role by keeping contemporary Muslim in touch with religious principles, clarifying the right way, removing doubts concerning religious and worldly life, and revealing religious laws for new i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Newsweek
''Newsweek'' is an American weekly online news magazine co-owned 50 percent each by Dev Pragad, its president and CEO, and Johnathan Davis (businessman), Johnathan Davis, who has no operational role at ''Newsweek''. Founded as a weekly print magazine in 1933, it was widely distributed during the 20th century, and had many notable editors-in-chief. The magazine was acquired by The Washington Post Company in 1961, and remained under its ownership until 2010. Revenue declines prompted The Washington Post Company to sell it, in August 2010, to the audio pioneer Sidney Harman for a purchase price of one dollar and an assumption of the magazine's liabilities. Later that year, ''Newsweek'' merged with the news and opinion website ''The Daily Beast'', forming The Newsweek Daily Beast Company. ''Newsweek'' was jointly owned by the estate of Harman and the diversified American media and Internet company IAC (company), IAC. ''Newsweek'' continued to experience financial difficulties, whic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arab Law Quarterly
The ''Arab Law Quarterly'' is an English language quarterly devoted to Arab law. The magazine was first published in September 1985. It is based in London and was published by Lloyd's of London in the past. It is now published by Brill Publishers Brill Academic Publishers (known as E. J. Brill, Koninklijke Brill, Brill ()) is a Dutch international academic publisher founded in 1683 in Leiden, Netherlands. With offices in Leiden, Boston, Paderborn and Singapore, Brill today publishes 27 .... References External links * 1985 establishments in the United Kingdom Brill Publishers academic journals English-language magazines Legal magazines Magazines established in 1985 Magazines published in London Quarterly magazines published in the United Kingdom {{law-mag-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Domestic Violence
Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner violence'', which is committed by one of the people in an intimate relationship against the other person, and can take place in relationships or between former spouses or partners. In its broadest sense, domestic violence also involves violence against children, parents, or the elderly. It can assume multiple forms, including physical, verbal, emotional, economic, religious, reproductive, or sexual abuse. It can range from subtle, coercive forms to marital rape and other violent physical abuse, such as choking, beating, female genital mutilation, and acid throwing that may result in disfigurement or death, and includes the use of technology to harass, control, monitor, stalk or hack. Domestic murder includes stoning, bride burning, ho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
