Gender justice in islam -- The dividing line between divine and human -- Homicide, bodily injury and gender in fiqh literature -- Juristic use of ̀aqilah in balancing gender disparity -- Arguments and counter-arguments on asymmetric diyah across genders -- Addressing the conflicting narratives using elimination (al-tarj) and abrogation (al-naskh) methods -- Case study of Pakistan -- Legitimising gender violence through judicial process -- Case study of Nigeria -- Judicial insensitivity to gender issues and absence
Summary
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.-- Provided by Publisher
Notes
Based on the author's thesis (doctoral - University of Warwick, 2012) issued under title: Gender justice and Islamic laws of homicide and bodily hurt of Pakistan and Nigeria
Bibliography
Includes bibliographical references and index
Notes
Online resource; title from digital title page (viewed on January 11, 2019)
