GENDER JUSTICE IN ISLAMIC LAW

Erscheinungsjahr 2020
ISBN: 978-1-5099-4358-6
Verlag: BLOOMSBURY 3PL

Buch, Englisch, 256 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 367 g

This book seeks to interrogate the classical fiqh formulation on gender and homicide with a view to exploring further the debate on whether the so-called gender injustice in Islamic law is a human creation or attributable to the divine sources of the Qur'an and Sunnah. The study is in response to the increasing criticism of the Islamic criminal law regime and the accusation that it discriminates on the basis of gender. It argues that any attempt to critique a religious question through the lens of traditional Western human rights ideals would be resisted by the vast majority of Muslims. An examination of the question and any suggested solutions offered would be much more effective if situated within the system they identify with; that is to address the question of gender justice deficit from within the Islamic legal tradition. Focusing on Nigeria and Pakistan, the book achieves this by drawing on classical fiqh literature, contemporary literature, legislative sources and relevant case law.

Autoren/Hrsg.

Abubakar, Musa Usman

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Islamisches Recht
• Geisteswissenschaften Islam & Islamische Studien Islamisches Recht

Inhaltsverzeichnis

PART I: THEORETICAL PERSPECTIVE
Classical Discourse on Homicide, Bodily Injuries and Gender
1. Gender Justice in Islam
I. Introduction
II. Concept of Justice
III. Justice in Islamic Jurisprudence
2. The Dividing Line between the Divine and Human
I. Introduction
II. Conceptualising the Term Shari?ah
III. Sources of Islamic Law
IV. Dealing with Contradictory Narratives
V. Conclusion
3. Homicide, Bodily Injuries and Gender in Fiqh Literature
I. Introduction
II. Homicide in Pre-Islamic Arabia
III. From Vengeance Spree to Just Retribution
IV. Retribution for Loss of Life
V. Compensation for Loss of Life
VI. Retribution in Bodily Injuries
VII. Compensation for Bodily Injuries
VIII. Conclusion
4. Juristic Use of ?Aqilah in Balancing Gender Disparity
I. Introduction
II. Development of ?Aqilah before Islam
III. Classical Fiqh Discourse on ?Aqilah
IV. Extent of ?Aqilah's Obligation
V. Rethinking ?Aqilah in the Modern Era
VI. Woman's Individuality as Property Owner
VII. ?Aqilah Based on Migrant/Helper Dichotomy
VIII. ?Aqilah Based on the Diwan System
IX. Contemporary Relevance of ?Aqilah
X. Conclusion
5. Arguments and Counter-arguments on Asymmetric Diyah across Genders
I. Introduction
II. Testimony and Share of Inheritance as Markers of Inferiority
III. Female Intellectual Inferiority Argument
IV. Economic Argument
V. Conclusion
6. Addressing the Conflicting Narratives Using Elimination (Al-tarji?) and Abrogation (Al-naskh) Methods
I. Introduction
II. Qur?an on Homicide and Bodily Injuries
III. Addressing the Seeming Discrepancy in the Qur'anic Verses
IV. Prophetic Sayings in Murder and Bodily Injuries Across Genders
V. Creating a Chronology between the Narratives
VI. The Half Diyah Narration in the Earlier Hadith Literature
VII. The 'One Third' Formula in Bodily Injuries
VIII. Opinion of Individual Companions as Source of Half Diyah Stipulation
IX. Conclusion

PART II: CASE STUDIES
Contemporary Application of Islamic Legal Principles on Homicide and Bodily Injuries in the Muslim World
7. Case Study of Pakistan
I. Introduction
II. Overview of Pakistan's Constitutional and Legal Development
III. Evolution of the Qi?a? and Diyat Ordinance
IV. Role of the Council of Islamic Ideology
V. Impact of Gul Hassan's Case
VI. Overview of Qi?a? and Diyah Provisions
VII. Emerging Gender Issues under the Ordinance
VIII. Conclusion
8. Legitimising Gender Violence through Judicial Process
I. Introduction
II. Judicial Attitude to Honour Crimes
III. Provocation under the Pre-1990 Legal Framework
IV. Judicial Legislation in the Post 1990 Regime
V. Further Step to Protect Women against Honour Crimes
VI. No Religious Justification for Honour Killing
VII. Debunking other Arguments Justifying Honour Killing
VIII. Conclusion
9. Case Study of Nigeria
I. Introduction
II. Historical Background of Nigeria
III. The Legal Framework of Qi?a? and Diyah
IV. Provisions of the Code Detrimental to Women
V. Conclusion
10. Judicial Insensitivity to Gender Issues
I. Introduction
II. Structure of Courts in Nigeria
III. Consequences of Undermining State Legislation
IV. Uncertainty of the Amount of Diyah
V. Breaking the Jinx: Hope and Despair
VI. Conclusion

Über Autor(innen)

Abubakar, Musa Usman
Musa Usman Abubakar is Associate Professor in the Department of Islamic Law at Bayero University, Kano, Nigeria and was formerly State Counsel and Magistrate, Zamfara State, Nigeria.

Musa Usman Abubakar is Associate Professor in the Department of Islamic Law at Bayero University, Kano, Nigeria, and was formerly State Counsel and Magistrate, Zamfara State, Nigeria. He is Secretary of the independent Corrupt Practices Commission.