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dc.contributor.authorNoor, Azman Bin Mohden
dc.date.accessioned2018-03-29T12:19:19Z
dc.date.available2018-03-29T12:19:19Z
dc.date.issued2007en
dc.identifier.urihttp://hdl.handle.net/1842/29300
dc.description.abstracten
dc.description.abstractThis research investigates 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 zina and as such to be treated in the same way as zina in terms of collecting evidence for prosecution, as well as the punishment for it. However, some modern scholars have suggested that rape is actually closer to hiraba on the basis that there are concepts of hiraba, such as physical assault, in rape. These different classifications of rape result it different procedures for prosecution, proof and punishment. This research examines the appropriate punishment for the rape as well as modern developments regarding the prosecution of rape, legal procedures, the rights of the accused and the rights of the victim, based on the opinions and arguments of classical and modern Muslim jurisprudents from various schools of lawen
dc.publisherThe University of Edinburghen
dc.relation.isreferencedbyAlready catalogueden
dc.subjectAnnexe Thesis Digitisation Project 2018 Block 17en
dc.titleRape in Islamic Law: problems of classification and adjudicationen
dc.typeThesis or Dissertationen
dc.type.qualificationlevelDoctoralen
dc.type.qualificationnamePhD Doctor of Philosophyen


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