Added: January 7, 2017 – Last updated: January 7, 2017


Author: Hina Azam

Title: Competing Approaches to Rape in Islamic Law

Subtitle: -

In: Feminism, Law, and Religion

Edited by: Marie A. Failinger, Elizabeth R. Schiltz, and Susan J. Stabile

Place: Farnham

Publisher: Ashgate

Year: 2013

Pages: 327-341

Series: Gender in Law, Culture, and Society

ISBN-13: 9781409444190 (hbk.) – Find a Library: Wikipedia, WorldCat | ISBN-13: 9781409444213 (pbk.) – Find a Library: Wikipedia, WorldCat ISBN-13: 9781409474814 (EPUB) – Find a Library: Wikipedia, WorldCat ISBN-13: 9781409444206 (PDF) – Find a Library: Wikipedia, WorldCat

Language: English

Keywords: Prosecution: Laws / Islamic Law


Link: Google Books (Limited Preview)


Author: Hina Azam, Department of Middle Eastern Studies, University of Texas at Austin –

Abstract: »Hina Azam engages the debate between the Hanafī and the Mālikī legal schools over whether rape should only be treated as a form of zina (forniciation) that demands a harsh criminal penalty, even for a woman who has been raped but cannot prove it, or whether rape victims deserve financial compensation for their victimization. Azam shows that these schools debated whether non-marital intercourse should primarily be considered only a theological offense against God or whether it was also a property offense against the violated women, a disagreement that made an important difference in evidentiary and procedural as well as substantive rules of rape law that even today affect rulings in those Muslim countries that have embraced Islamic law.« (Source: »Foreword.« Feminism, Law, and Religion. Edited by Marie A. Failinger et al. Farnham 2013: xxvi)



Wikipedia: Jurisprudence: Fiqh / Hanafi, Maliki | Law: Laws regarding rape / Zina