The legal status of consent to sexual intercourse: an Islamic dimension

Mohamad Yunus, Mohamad Ismail (2002) The legal status of consent to sexual intercourse: an Islamic dimension. The Law Majallah. pp. 253-264.

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Abstract

The most important element to constitute rape is the absence of consent on the part of the complainant. Unfortunately, it is noted that there is no spesific legal definition of consent found in any of the legislations dealing with rape. Basically, the prosecution must prove that during the particular time the complainant did not consent to the sexual penetration. Although previously, many cases of rape involved the use of force, violation and threat by the accused upon the complainant, but previously, in various modern and secular jurisdictions, this is no longer a legal requirement: it is the absence of consent on the part of the complainant which is the crux of the matter. It is admitted the notion of the consent is a difficult one to be legally defined and especially in rape, the concept gives rise to a number of different complex legal issues. Thus it is the objective of this paper to introduce some solutions and recommendations to the current legal issues by making references to the Islam's position on this matter.

Item Type:	Article (Journal)
Additional Information:	1688/8266
Uncontrolled Keywords:	legal status, sexual intercourse, Islam
Subjects:	K Law > K Law (General) K Law > KBP Islamic Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User:	DR MOHAMAD ISMAIL MOHAMAD YUNUS
Date Deposited:	16 Dec 2011 11:03
Last Modified:	27 Oct 2014 15:06
URI:	http://irep.iium.edu.my/id/eprint/8266

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