Added: January 7, 2017 – Last updated: Feburary 4, 2017


Author: Hina Azam

Title: Sexual Violation in Islamic Law

Subtitle: Substance, Evidence, and Procedure

Place: New York, NY

Publisher: Cambridge University Press

Year: 2015

Pages: 286pp.

Series: Cambridge Studies in Islamic Civilization

ISBN-13: 9781107094246 (hbk.) – Find a Library: Wikipedia, WorldCat | ISBN-13: 9781316310434 (ebk.) – Find a Library: Wikipedia, WorldCat

Language: English

Keywords: Medieval History | Prosecution: Laws / Islamic Law


Link: Google Books (Limited Preview)


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


  Acknowledgments (p. ix)
  Introduction (p. 1)
    Sexual Violence in Contemporary Muslim Societies (p. 1)
    Key Themes and Arguments of This Book (p. 8)
    Sources and Periodization (p. 13)
    Terminology: “Sexual Violence,” “Sexual Violation,” and “Rape” (p. 16)
    Limits of This Study (p. 18)
  1. Sexual Violation in the Late Antique Near East (p. 21)
    Ancient Mesopotamian Laws (p. 26)
    Mosaic and Rabbinic Laws (p. 30)
    Roman and Christian Imperial Legislation (p. 40)
    Pre-Islamic Arabian Custom (p. 53)
    Conclusion (p. 59)
  2. Tracing Rape in Early Islamic Law (p. 61)
    Theocentric Ethics and the Moralization of Sexuality (p. 64)
    Legal Agency and Its Impediments (p. 78)
    Proprietary Sexual Ethics and the Idea of Sexual Usurpation (p. 84)
    Divine Rights ( Huqūq Allāh ) and Interpersonal Rights ( Huqūq al-‘Ibād ) (p. 93)
    Constructions of Rape in the Legal Āthār (p. 98)
    Conclusion (p. 113)
  3. Rape as a Property Crime: The Mālikī Approach (p. 114)
    Sexuality as a Commodity and the Dower as an Exchange Value (p. 119)
    Sexual Violation as Property Usurpation: Ghasb and Ightisāb (p. 127)
    Upholding Interpersonal Rights alongside Divine Rights (p. 138)
    Conclusion (p. 146)
  4. Rape as a Moral Transgression: The Hanafī Approach (p. 147)
    The Theocentric Approach to Sexual Violation (p. 150)
    Additional Reasons for Rejecting the Dower Marriage versus Fornication, Dower versus Hadd (p. 154)
    Compensation (p. 162)
    Conclusion (p. 167)
  5. Proving Rape in Hanafī Law: Substance, Evidence, and Procedure (p. 170)
    The Substance of Zinā: Definition (p. 170)
    Exceptions to Zinā (p. 173)
    Punishing Zinā (p. 184)
    Ramifi cations of the Hanafī Definition of Zinā for Rape (p. 185)
    Evidence and Procedure in Zinā and Rape (p. 187)
    Conclusion (p. 199)
  6. Proving Rape in Mālikī Law: Evidence, Procedure, and Penalty (p. 201)
    Unity and Diversity in Mālikī Evidence and Procedure (p. 203)
    Evidentiary Foundations: Pregnancy as Evidence of Zinā (p. 204)
    Procedural Foundations: Launching an Accusation of Rape (p. 209)
    Pregnancy as Evidence in Later Mālikī Writings (p. 216)
    Calibrating Penalties According to Substance and Evidence (p. 219)
    Conclusion (p. 237)
  Conclusion (p. 239)
  Bibliography (p. 249)
  Index (p. 261)

Description: »This book provides a detailed analysis of Islamic juristic writings on the topic of rape. The author 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. It chronicles the disagreement over whether or not to provide monetary compensation to victims, as reflected in debates between the Hanafī and Mālikī schools of law. Along with tracing the emergence and development of this conflict ove time, the author explains the evidentiary and procedural ramifications of each of the two competing positions. 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 victims’ rights as afforded by the two competing doctrines.« (Source: Cambridge University Press)

Interview: Tareen, SherAli, et al. »Sexual Violation in Islamic Law: Substance, Evidence, and Procedure.« New Books in Islamic Studies New Books Network 2015. – Bibliographic Entry: Info

Wikipedia: Jurisprudence: Fiqh / Hanafi, Maliki | Law: Sharia / Zina