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Title: Rape in Islamic law : problems of classification and adjudication
Author: Noor, Azman Bin Mohd
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 2007
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This research attempts to investigate 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 zinā and as such should be treated similar to zinā in collecting evidence for prosecution as well as punishment. However, some modern scholars have suggested that rape is actually closer to hirāba on the basis that there are concepts of hirāba such as physical assault in rape. Interestingly, taking different classification of perceiving rape will leave open consequences of prosecution, proving and punishing. This research examines the appropriate punishment for rapists, issues of modern development in prosecution of rape, legal procedures, the rights of the accused as well as the rights of the victim based on the opinions and arguments of classical and modern Muslim jurisprudents from various schools of law.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available