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Centered on legal discourses of Islam's first six centuries, this book analyzes juristic writings on the topic of rape.
This book provides a detailed analysis of Islamic juristic writings on the topic of rape and 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, and chronicles the juristic conflict over whether or not to provide monetary compensation to victims. Along with tracing the emergence and development of this conflict over time, Hina Azam explains evidentiary ramifications of each of the two competing positions, which are examined through debates between the Ḥanafī and Mālikī schools of law. 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 victim's rights afforded by the two competing doctrines.
Why are so few people talking about the eruption of sexual violence and harassment in Europe’s cities? No one in a position of power wants to admit that the problem is linked to the arrival of several million migrants—most of them young men—from Muslim-majority countries. In Prey, the best-selling author of Infidel, Ayaan Hirsi Ali, presents startling statistics, criminal cases and personal testimony. Among these facts: In 2014, sexual violence in Western Europe surged following a period of stability. In 2018 Germany, “offences against sexual self-determination” rose 36 percent from their 2014 rate; nearly two-fifths of the suspects were non-German. In Austria in 2017, asylum-seekers were suspects in 11 percent of all reported rapes and sexual harassment cases, despite making up less than 1 percent of the total population. This violence isn’t a figment of alt-right propaganda, Hirsi Ali insists, even if neo-Nazis exaggerate it. It’s a real problem that Europe—and the world—cannot continue to ignore. She explains why so many young Muslim men who arrive in Europe engage in sexual harassment and violence, tracing the roots of sexual violence in the Muslim world from institutionalized polygamy to the lack of legal and religious protections for women. A refugee herself, Hirsi Ali is not against immigration. As a child in Somalia, she suffered female genital mutilation; as a young girl in Saudi Arabia, she was made to feel acutely aware of her own vulnerability. Immigration, she argues, requires integration and assimilation. She wants Europeans to reform their broken system—and for Americans to learn from European mistakes. If this doesn’t happen, the calls to exclude new Muslim migrants from Western countries will only grow louder. Deeply researched and featuring fresh and often shocking revelations, Prey uncovers a sexual assault and harassment crisis in Europe that is turning the clock on women’s rights much further back than the #MeToo movement is advancing it.
Salafism has received scrutiny as the one of the main ideological sources for extremist violence perpetrated by jihadi groups. There is a significant corpus of literature discussing transnational jihadi networks, especially after the 9/11 attacks in the United States. These discussions include the radicalization of Salafi thought by jihadi theoreticians and 'ulama. However, Salafism is not monolithic. It contains numerous streams, and an examination of these streams is crucial to understanding its influence on Muslim societies. Besides Salafi jihadisthose who sanction violencethere are two other broad trends in Salafism: quietist and activist. Quietist Salafis endorse an apolitical tradition and find political activism in any form unacceptable. Activist Salafis advocate peaceful political change. Each stream is led by 'ulama, seen as the preservers of Salafi traditions. The quietist and activist 'ulama are active participants in their communities. Studies of such clerics have tended to be country-specific, focusing on the influence and nature of Salafism and its dynamics in those countries. In Rethinking Salafism Raihan Ismail assesses the origins, interactions, and dynamics of the transnational networks of Salafi 'ulama in the region comprising Saudi Arabia, Egypt, and Kuwait, showing how quietist and activist 'ulama work across borders to preserve and promote what they see as "authentic" Salafism while taking domestic circumstances of the 'ulama into consideration. The book offers a reassessment of the quietist/activist dichotomy, arguing that this dichotomy does not apply to such aspects of Salafi thought as attitudes towards the Shi'a and social matters in Muslim societies.
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
In Wartime Sexual Violence at the International Level: A Legal Perspective Dr. Caterina Arrabal Ward discusses the understanding of wartime sexual violence by the international tribunals and argues that wartime sexual violence often takes place without the explicit purpose to destroy a community or population and is not necessarily a strategic choice. This research suggests that a more focused approach based on a much clearer definition of these crimes would help to remedy deficiencies at the different stages of international justice in relation to these crimes.
This volume represents the state of the art in research on the controversial Muslim legal scholar, theologian and man of letters Ibn Ḥazm of Cordoba (d. 456/1064), who is widely regarded as one of the most brilliant minds of Islamic Spain. Remembered mostly for his charming treatise on love, he was first and foremost a fierce polemicist who was much criticized for his idiosyncratic views and his abrasive language. Insisting that the sacred sources of Islam are to be understood in their outward sense and that it is only the Prophet Muḥammad whose example may be followed, Ibn Ḥazm alienated himself from his peers. As a result, his books were burned and he was forced to withdraw from public life. Contributors are: Camilla Adang, Hassan Ansari, Samuel-Martin Behloul, Alfonso Carmona, Leigh Chipman, Maribel Fierro, Alejandro García Sanjuán, Livnat Holtzman, Samir Kaddouri, Joep Lameer, Christian Lange, Gabriel Martinez Gros, Luis Molina, Salvador Peña, Jose Miguel Puerta Vilchez, Rafael Ramón Guerrero, Adam Sabra, Sabine Schmidtke, Delfina Serrano, Bruna Soravia, Dominique Urvoy, Kees Versteegh and David Wasserstein.
Sex abuse happens in all communities, but American minority religions often face disproportionate allegations of sexual abuse. Why, in a country that consistently fails to acknowledge—much less address—the sexual abuse of women and children, do American religious outsiders so often face allegations of sexual misconduct? Why does the American public presume to know “what’s really going on” in minority religious communities? Why are sex abuse allegations such an effective way to discredit people on America’s religious margins? What makes Americans so willing, so eager to identify religion as the cause of sex abuse? Abusing Religion argues that sex abuse in minority religious communities is an American problem, not (merely) a religious one.
Based on a series of international workshops sponsored by the Harry Frank Guggenheim Foundations, this cutting-edge volume advances theories, methodologies, and policy analyses relating to various forms of violence against women. Under the skillful editorship of Rebecca Emerson and Russell P. Dobash, Rethinking Violence Against Women is the joint effort of recognized anthropologists, psychologists, philosophers, sociologists, and historians in the field. Divided in three parts, this text takes a comprehensive examination of the following topics: +
Sexual violence in conflict is not simply a gross violation of human rights—it is also a security challenge.