Rape in Islamic law : problems of classification and adjudication

• Main Author: Noor, Azman Bin Mohd
• Published: University of Edinburgh 2007
• Subjects: 340
• Online Access: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.660041

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 <i>zinā </i>and as such should be treated similar to <i>zinā</i> in collecting evidence for prosecution as well as punishment. However, some modern scholars have suggested that rape is actually closer to <i>hirāba</i> on the basis that there are concepts of <i>hirāba</i> 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.