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The rights of a rape victim in Islamic Law

Mohd Noor, Azman and Ibrahim, Ahmad Basri (2008) The rights of a rape victim in Islamic Law. IIUM Law Journal, 16 (1). pp. 65-83. ISSN 0128-2530

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Abstract

Rape victims undergo double jeopardy as they experience unwanted aggression against their freewill which make them suffer physically and mentally, and at the same time they have to fight to be treated fairly and respectfully within the legal environment. There has been a controversial issue regarding rape prosecution in Islamic legal system as the rape victim would be either charged with zina (illegal sexual intercourse) because of her confession or qadhf (false accusation) as a result of her failure to bring four male eyewitnesses. This paper aims at investigating the fundamental rights of rape victims provided in Islamic law. This will include legal rights to be defended fairly, exemption of punishment, adequate compensation, and other essential rights. This study will explore opinions and arguments of classical Muslim jurisprudents from various schools of law.

Item Type: Article (Journal)
Additional Information: 2902/5699
Subjects: B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc > BP1 Islam
K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh
Kulliyyahs/Centres/Divisions/Institutes: Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User: Dr Ahmad Basri Ibrahim
Date Deposited: 15 Nov 2011 04:20
Last Modified: 10 Mar 2015 09:39
URI: http://irep.iium.edu.my/id/eprint/5699

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