PROSECUTION OF RAPE IN ISLAMIC LAW: A REVIEW OF PAKISTAN HUDOOD ORDINANCE 1979

Azman bin Mohd Noor

doi:10.31436/iiumlj.v16i2.55

PROSECUTION OF RAPE IN ISLAMIC LAW: A REVIEW OF PAKISTAN HUDOOD ORDINANCE 1979

Authors

Azman bin Mohd Noor International Islamic University Malaysia

DOI:

https://doi.org/10.31436/iiumlj.v16i2.55

Keywords:

Prosecution, rape and Islamic law

Abstract

There has been some confusion over prosecuting rape in modern Islamic legal studies. A question has arisen: should the Islamic court treat the case of rape, in regard of convicting and proving rape, by imposing the same jurisprudential provisions, requirements and legal proceedings as in the case of zinÉ on the ground that rape involves elements of illegal intercourse similar to zinÉ? As such, should the rape victim who complains about rape be charged with qadhf if there is insufficient evidence? This article examines the notions of the prosecution and the required evidence for both rapist and rape victim in Islamic criminal law with special analytical analysis on the Pakistan Enforcement of Hudood Ordinance 1979.

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Published

2012-07-15

How to Cite

Noor, A. bin M. (2012). PROSECUTION OF RAPE IN ISLAMIC LAW: A REVIEW OF PAKISTAN HUDOOD ORDINANCE 1979. IIUM Law Journal, 16(2). https://doi.org/10.31436/iiumlj.v16i2.55

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Issue

Vol. 16 No. 2 (2008)

Section

ARTICLES

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