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Rape: A Problem of Crime Classification in Islamic Law

In: Arab Law Quarterly
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  • 1 Department of Fiqh and Usūl al-Fiqh, International Islamic University Malaysia Malaysia
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Abstract

In Islam, rape is considered a serious sexual crime. Since it consists of forced sexual intercourse, most of the classical jurists called it zinā bī l-ikrāh, that is, forced unlawful sexual intercourse. The question arises whether rape is part of zinā or an isolated crime. This article focuses on the notion of rape, including a definition of this crime, its punishments, and a comparison between rape and zinā in Islamic jurisprudence.

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