Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Easter Closing

We will be closed between Friday 29th March and Monday 1st April for the Easter Bank Holidays, reopening at 8.30am on Tuesday 2nd April. Any orders received during this period will be processed with when we re-open.

Hide this message

Gender Justice in Islamic Law: Homicide and Bodily Injuries (eBook)


ISBN13: 9781509915101
Published: June 2018
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £37.79
The amount of VAT charged may change depending on your location of use.


The sale of some eBooks are restricted to certain countries. To alert you to such restrictions, please select the country of the billing address of your credit or debit card you wish to use for payment.

Billing Country:


Sale prohibited in


Due to publisher restrictions, international orders for ebooks may need to be confirmed by our staff during shop opening hours. Our trading hours are Monday to Friday, 8.45am to 6.00pm, London, UK time.


The device(s) you use to access the eBook content must be authorized with an Adobe ID before you download the product otherwise it will fail to register correctly.

For further information see https://www.wildy.com/ebook-formats


Once the order is confirmed an automated e-mail will be sent to you to allow you to download the eBook.

All eBooks are supplied firm sale and cannot be returned. If you believe there is a fault with your eBook then contact us on ebooks@wildy.com and we will help in resolving the issue. This does not affect your statutory rights.

This eBook is available in the following formats: ePub.

In stock.
Need help with ebook formats?




Also available as

This book seeks to interrogate the classical fiqh formulation on gender and homicide with a view to exploring further the debate on whether 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 regime and the accusation that it discriminates on the basis of gender. It argues that any attempt to critique 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.

The book does this by drawing on classical fiqh literature, contemporary literature, legislative sources and relevant case law.

Subjects:
eBooks, Islamic Law
Contents:
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