Rape as a variant of fornication (Zinā) Inislamic Law: An Examination of the Early Legal Reports

2013 ◽  
Vol 28 (2) ◽  
pp. 441-466
Author(s):  
Hina Azam
Keyword(s):  
Human Rights ◽  
Sexual Assault ◽  
Sexual Intercourse ◽  
Central Point ◽  
High Profile ◽  
Legal Code ◽  
Penal Codes ◽  
Sufficient Proof

The contemporary treatment of rape in the penal codes of Muslim nations has come under increasing scrutiny over the last two decades, as several high-profile cases have arisen in which women have claimed sexual assault but been unable to bring sufficient proof of non-consent. In some cases, claimants have subsequently been punished for fornication (zinā) because their accusations were seen as constituting confession to consensual illicit sex, while in other cases, a resulting pregnancy has been taken as evidence of the same. These cases have illustrated the particular problems that stem from defining rape as a coercive variant of fornication, or zinā.These cases have largely arisen in the context of national efforts to Islamize the legal code by bringing laws into line with perceived sharī'a guidelines. This slew of cases has prompted journalists, human rights groups and Muslim reformers to ask whether contemporary “Islamic” rape laws are really continuous with the classical Islamic juristic tradition, or whether they may in fact represent distortions of that tradition. A central point of debate has been over whether Islamic juristic discourse truly placed rape—that is, a man's unlawful sexual intercourse with a woman against her will—under the category of zinā, or not.

scholarly journals Cryptography for #MeToo

2019 ◽  
Vol 2019 (3) ◽  
pp. 409-429
Author(s):  
Benjamin Kuykendall ◽  
Hugo Krawczyk ◽  
Tal Rabin
Keyword(s):  
Sexual Assault ◽  
Difficult Problem ◽  
Protocol Design ◽  
Security Model ◽  
Repeat Offenders ◽  
High Profile ◽  
Software Libraries ◽  
Security Guarantees ◽  
Cryptographic Techniques ◽  
False Accusations

Abstract Reporting sexual assault and harassment is an important and difficult problem. Since late 2017, it has received increased attention as the viral #MeToo movement has brought about accusations against high-profile individuals and a wider discussion around the prevalence of sexual violence. Addressing occurrences of sexual assault requires a system to record and process accusations. It is natural to ask what security guarantees are necessary and achievable in such a system. In particular, we focus on detecting repeat offenders: only when a set number of accusations are lodged against the same party will the accusations be revealed to a legal counselor. Previous solutions to this privacy-preserving reporting problem, such as the Callisto Protocol of Rajan et al., have focused on the confidentiality of accusers. This paper proposes a stronger security model that ensures the confidentiality of the accuser and the accused as well as the traceability of false accusations. We propose the WhoToo protocol to achieve this notion of security using suitable cryptographic techniques. The protocol design emphasizes practicality, preferring fast operations that are implemented in existing software libraries. We estimate that an implementation would be suitably performant for real-world deployment.

The Script in Action

2021 ◽  
pp. 241-280
Author(s):  
Richard Martin
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Final Section ◽  
Public Order ◽  
Human Rights Law ◽  
The Public ◽  
High Profile ◽  
Police Decision Making ◽  
Legal Challenges ◽  
Sales Pitch

This chapter examines how the public order script, explored in Chapter 6, was performed by commanders. It begins by exploring how commanders sought to sell the script to the parade and protest groups commanders sought to ‘win over’. If such groups could be won over with the PSNI’s pitch, the likelihood of disorder was greatly diminished, and commanders could better control the event. In some cases, however, the sales pitch proved unsuccessful; marchers and protestors proceeded with their own agendas. In such instances, commanders proved reluctant to intervene too forcefully, for reasons that will become clear. In two high-profile cases, the police approach to disorder has led to legal challenges, both of which reached the UK’s highest court. This introduces the second audience occasionally in receipt of the police script: the courts that must assess the internal self-application of human rights law by police. In their review of police decision-making in these cases, though, the senior judiciary have proven reluctant to interfere, showing deference to officers’ relative expertise, their access to intelligence and the exigencies of operational situations. The final section asks what role human rights law has come to play in managing the kinds of ‘trouble’ that Waddington (1994) identified over two decades ago as crucial to commanders’ decision-making.

scholarly journals Educator Sexual Misconduct: A Statutory Analysis

2018 ◽  
Vol 31 (1) ◽  
pp. 133-153
Author(s):  
Mia J. Abboud ◽  
Guangzhen Wu ◽  
Amelie Pedneault ◽  
Mary K. Stohr ◽  
Craig Hemmens
Keyword(s):  
Sexual Assault ◽  
Sex Offenders ◽  
News Media ◽  
Sexual Misconduct ◽  
State Law ◽  
Child Sexual Assault ◽  
High Profile ◽  
Age Of Consent ◽  
Educator Sexual Misconduct ◽  
Definition Of

Educator sexual misconduct is a problem that has gained increased attention because of the high-profile cases reported by the news media. Yet, the diversity in state law regarding this offense remains somewhat unexplored. In this article, we compare and evaluate state statutory provisions regarding educator sexual misconduct; our focus is on what constitutes educator sexual misconduct, and what penalties are provided for offenders. As such, we explore the differences and similarities in statutory provisions across states in terms of the definition of child sexual assault, the age of consent, the penalties for various types of sexual misconduct perpetrated by teachers, and any requirement for registration as sex offenders. Our findings indicate that though the number of applicable statutes has almost doubled since 2010, there remains a wide variety in the definition and penalties included in those laws, and 21 states have not chosen to enact a specific law at all.

Viol Des Mineurs De 10 A 15 Ans Recus Au Chu-So De Lome

2018 ◽  
Vol 14 (23) ◽  
pp. 73
Author(s):  
Akila Bassowa ◽  
Ayoko A. Ketevi ◽  
Kodjo Fiagnon ◽  
Dédé Ajavon ◽  
Baguilane Douaguibe ◽  
...  
Keyword(s):  
At Risk ◽  
Sexual Assault ◽  
Sexual Intercourse ◽  
Sexual Assaults ◽  
Rape Victims ◽  
Psychological Care ◽  
Gynecology And Obstetrics ◽  
Adequate Care ◽  
Β Hcg ◽  
Developing Society

Minors of both sexs ages 10 to 15 are most at risk of sexual assault Objective: To determine the prevalence of sexual assault by rape among children aged 10 to 15 years and describe their management at the gynecology and obstetrics clinic of the CHU SO .Patients and methods: 134 files of rape victims were collected from September 1, 2010 to March 31, 2017 at the gynecology and obstetrics clinic of the CHU SO Results: Rape of minors aged 10 to 15 accounted for 26.6% of sexual assaults. There were 91% of girls. Most of our patients (54.5%) were raped between 7pm and 6am. Sixty eight (68) patients (40.3%) were referred for consultation between the 2nd day and the 8th day after the rape. Fifty-five point two percent of the victims had never had sexual intercourse before the rape. The perpetrator was known to the victim in 92.5% of cases. The tear of the hymen was old in 79.5% of the victims. HIV serology was positive in 1.6%. The rate of β HCG was positive in a 15-year-old patient. All our patients had psychological care. Conclusion: The rape of minors of both sexes is a reality in our developing society. The taboo of the sex must be raised for the fast denunciation of the rape and of an adequate care.

Jihadi groups will compete for support in the Maghreb

2015 ◽  
Keyword(s):  
Human Rights ◽  
Islamic State ◽  
Security Forces ◽  
Content Type ◽  
High Profile ◽  
International Action ◽  
Security Environment ◽  
Militant Groups ◽  
State Group

Significance Instability in Libya has exacerbated an already fraught security environment in the Maghreb and the Sahel. Several militant groups co-exist in these parts, usually in competition with each other. The Islamic State group (ISG) has taken centre stage, but despite high profile attacks in Libya, it has failed to establish a foothold in other Maghreb countries. Impacts ISG encroachment in Libya will strengthen calls for international action to address Libya's crisis. Sporadic attacks are expected against security forces and government targets in Tunisia and Algeria. Government pressure and expanded counterterrorism operations could cause more widespread abuses of human rights. Fighters returning from jihad in Syria and Iraq could bolster the capabilities of local jihadist cells.

India’s police will face calls for more reform

2017 ◽  
Keyword(s):  
Human Rights ◽  
Uttar Pradesh ◽  
Central Bureau ◽  
Human Rights Violations ◽  
Criminal Cases ◽  
Content Type ◽  
High Profile ◽  
Chief Minister ◽  
To Come ◽  
Police System

Subject India's efforts to modernise its police. Significance India is seeking to overhaul its police system. High-profile blunders and extra-judicial killings are raising fresh concerns about police quality and conduct. Impacts The Central Bureau of Investigation (CBI), which covers special criminal cases, will face similar calls for reform. India’s prisons are likely to come under greater scrutiny over alleged human rights violations. Uttar Pradesh (UP) Chief Minister Yogi Adityanath may emerge as Modi’s heir-apparent, based on an anti-crime reputation.

Kiobel and the Weakening of Precedent: A Long Walk for a Short Drink

2013 ◽  
Vol 107 (4) ◽  
pp. 841-845 ◽  
Author(s):  
Ralph G. Steinhardt
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Gilded Age ◽  
High Profile ◽  
The Supreme Court ◽  
Alien Tort Statute

Kiobel v. Royal Dutch Petroleum Co. marks the second time in nine years that the Supreme Court has ruled unanimously that the Alien Tort Statute (ATS) does not provide jurisdiction in a high-profile human rights case, a sequence that might suggest an end to the gilded age of human rights litigation that began with Filártiga v. Peña-Irala. On closer analysis, however, Kiobel, like Sosa v. Alvarez-Machain before it, adopts a rhetoric of caution without foreclosing litigation that fits the Filártiga model. To the contrary, Sosa and Kiobel invite considerably more ATS litigation than they resolve or bar and therefore confirm Justice Antonin Scalia’s memorable encapsulation of the Court’s “Never Say Never Jurisprudence.” All four of the opinions in Kiobel confirm that multiple significant issues remain for future resolution, but it is unrealistic to expect answers on the basis of the Court’s decision because what is law in Kiobel isnt clear and what is clear in Kiobel isn’t law.

scholarly journals Regulating lobbyists in New Zealand

2021 ◽  
Author(s):  
◽  
Liam Alexander Williams
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
New Zealand ◽  
Democratic Governance ◽  
Public Confidence ◽  
Select Committee ◽  
High Profile ◽  
Government Decision ◽  
Lobbying Activity ◽  
Decision Making Processes

<p>Lobbying is a vital aspect of democratic governance and is for the most part beneficial to society. However, recent high-profile instances of lobbying activity in New Zealand have damaged governmental integrity and appear to have diminished public confidence in government decision-making processes. The Lobbying Disclosure Bill was introduced to the New Zealand Parliament in 2012 in the hope that transparency mechanisms could dissuade harmful lobbying without impeding ordinary activity. The Bill was rejected at the select committee stage due to a number of drafting deficiencies. These shortcomings made the Bill difficult to implement, and imposed a disproportionate limit on a number of human rights. Despite these failings, it is both possible and desirable to regulate lobbying activity in New Zealand. Drawing from overseas experiences, this paper suggests modifications to the Lobbying Disclosure Bill which would discourage harmful lobbying while also mitigating the concerns raised by critics of the Bill.</p>

Firms working in Israel face pressure on Palestinians

2018 ◽  
Keyword(s):  
Human Rights ◽  
Large Scale ◽  
Oil And Gas ◽  
Jewish People ◽  
Content Type ◽  
High Profile ◽  
Business And Human Rights ◽  
Arab Minority ◽  
The Right ◽  
Oil And Gas Sector

Significance The July 19 law’s limiting of the right of national self-determination in Israel to the Jewish people has angered the Arab minority and provoked international criticism, including comparisons to South Africa’s apartheid-era legislation. Impacts Human rights risks may deter some investors, particularly for high-profile or large-scale projects such as in the oil and gas sector. Projects in towns and cities with large Arab populations such as Jerusalem, Haifa, Jaffa and Nazareth will face particular scrutiny. To ward off criticism, compliance with the UN Guiding Principles on Business and Human Rights will be increasingly important.

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