Rape in Islamic Law: problems of classification and adjudication
dc.contributor.author
Noor, Azman Bin Mohd
en
dc.date.accessioned
2018-03-29T12:19:19Z
dc.date.available
2018-03-29T12:19:19Z
dc.date.issued
2007
dc.description.abstract
en
dc.description.abstract
This research investigates rape as a crime according to Islamic criminal law. There
have been many controversial issues pertaining to the notion of rape, its penal
classification, punishment, adjudication and remedies for the victim. Rape in
classical Islamic law has been seen as a crime correlated with zina and as such to be
treated in the same way as zina in terms of collecting evidence for prosecution, as
well as the punishment for it. However, some modern scholars have suggested that
rape is actually closer to hiraba on the basis that there are concepts of hiraba, such as
physical assault, in rape. These different classifications of rape result it different
procedures for prosecution, proof and punishment. This research examines the
appropriate punishment for the rape as well as modern developments regarding the
prosecution of rape, legal procedures, the rights of the accused and the rights of the
victim, based on the opinions and arguments of classical and modern Muslim
jurisprudents from various schools of law
en
dc.identifier.uri
http://hdl.handle.net/1842/29300
dc.publisher
The University of Edinburgh
en
dc.relation.ispartof
Annexe Thesis Digitisation Project 2018 Block 17
en
dc.relation.isreferencedby
Already catalogued
en
dc.title
Rape in Islamic Law: problems of classification and adjudication
en
dc.type
Thesis or Dissertation
en
dc.type.qualificationlevel
Doctoral
en
dc.type.qualificationname
PhD Doctor of Philosophy
en
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