Gender Justice in Islamic Law: Homicide and Bodily Injuries

Musa Usman Abubakar

Paperback, 256 pages

9781509943586

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.

Contents

I: THEORETICAL PERSPECTIVE: Classical Discourse on Homicide, Bodily Injuries and Gender

1. Gender Justice in Islam 

2. The Dividing Line between the Divine and Human

3. Homicide, Bodily Injuries and Gender in Fiqh Literature 

4. Juristic Use of 'Aqilah in Balancing Gender Disparity

5. Arguments and Counter-arguments on Asymmetric Diyah across Genders 

6. Addressing the Conflicting Narratives Using Elimination (Al-tarji') and Abrogation (Al-naskh) Methods

II: CASE STUDIES: Contemporary Application of Islamic Legal Principles on Homicide and Bodily Injuries in the Muslim World

7. Case Study of Pakistan 

8. Legitimising Gender Violence through Judicial Process 

9. Case Study of Nigeria 

10. Judicial Insensitivity to Gender Issues