Islamic perspectives on the legality of marital rape in the framework of maqasid al-shariah

The term “marital rape” is commonly used by politicians, human rights activists, and feminists to refer to a husband who forces sexual intercourse upon his wife without her consent. Since some NGOs have reported to the United Nations about the elimination of discrimination against women in Malaysia,...

Full description

Bibliographic Details
Main Authors:	Mohd Nasri, Mohd Mukhlis, Awang Hamat, Mohd Afandi
Format:	Article
Language:	English English
Published:	The Islamic Quarterly Journal of Islamic Perspectives 2018
Subjects:	BP160 General works on Islam
Online Access:	http://irep.iium.edu.my/73335/ http://irep.iium.edu.my/73335/ http://irep.iium.edu.my/73335/1/73335_Islamic%20perspectives%20on%20the%20legality%20of%20marital%20rape.pdf http://irep.iium.edu.my/73335/2/73335_Islamic%20perspectives%20on%20the%20legality%20of%20marital%20rape_SCOPUS.pdf

id	iium-73335
recordtype	eprints
spelling	iium-733352019-08-07T02:53:51Z http://irep.iium.edu.my/73335/ Islamic perspectives on the legality of marital rape in the framework of maqasid al-shariah Mohd Nasri, Mohd Mukhlis Awang Hamat, Mohd Afandi BP160 General works on Islam The term “marital rape” is commonly used by politicians, human rights activists, and feminists to refer to a husband who forces sexual intercourse upon his wife without her consent. Since some NGOs have reported to the United Nations about the elimination of discrimination against women in Malaysia, they suggested to the government that marital rape must be considered as an offence in its penal code. Thus, this issue has become quite controversial amongst Muslims in Malaysia given that it is widely believed in Islamic law that rape cannot occur inside the institution of marriage. This paper, therefore, aims to clarify the concept of marital rape in Islam focusing primarily on the husband’s and wife’s rights to sexual intercourse within the framework of the maqāṣid al-sharī’ah. The information in this article has been obtained through secondary references, traditional literature on Islamic jurisprudence, exegesis of the Qur’an and hadith, as well as library research in order to attain its objectives. Based on the research findings, this study elucidates the spouses’ sexual rights from an Islamic perspective in accordance with the framework of the maqāṣid al-sharī’ah. The Islamic Quarterly Journal of Islamic Perspectives 2018 Article PeerReviewed application/pdf en http://irep.iium.edu.my/73335/1/73335_Islamic%20perspectives%20on%20the%20legality%20of%20marital%20rape.pdf application/pdf en http://irep.iium.edu.my/73335/2/73335_Islamic%20perspectives%20on%20the%20legality%20of%20marital%20rape_SCOPUS.pdf Mohd Nasri, Mohd Mukhlis and Awang Hamat, Mohd Afandi (2018) Islamic perspectives on the legality of marital rape in the framework of maqasid al-shariah. The Islamic Quarterly, 62 (1). pp. 169-192. ISSN 0021-1842 http://www.iccuk.org/downloads/IQ_Contents_62-1.pdf
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	BP160 General works on Islam
spellingShingle	BP160 General works on Islam Mohd Nasri, Mohd Mukhlis Awang Hamat, Mohd Afandi Islamic perspectives on the legality of marital rape in the framework of maqasid al-shariah
description	The term “marital rape” is commonly used by politicians, human rights activists, and feminists to refer to a husband who forces sexual intercourse upon his wife without her consent. Since some NGOs have reported to the United Nations about the elimination of discrimination against women in Malaysia, they suggested to the government that marital rape must be considered as an offence in its penal code. Thus, this issue has become quite controversial amongst Muslims in Malaysia given that it is widely believed in Islamic law that rape cannot occur inside the institution of marriage. This paper, therefore, aims to clarify the concept of marital rape in Islam focusing primarily on the husband’s and wife’s rights to sexual intercourse within the framework of the maqāṣid al-sharī’ah. The information in this article has been obtained through secondary references, traditional literature on Islamic jurisprudence, exegesis of the Qur’an and hadith, as well as library research in order to attain its objectives. Based on the research findings, this study elucidates the spouses’ sexual rights from an Islamic perspective in accordance with the framework of the maqāṣid al-sharī’ah.
format	Article
author	Mohd Nasri, Mohd Mukhlis Awang Hamat, Mohd Afandi
author_facet	Mohd Nasri, Mohd Mukhlis Awang Hamat, Mohd Afandi
author_sort	Mohd Nasri, Mohd Mukhlis
title	Islamic perspectives on the legality of marital rape in the framework of maqasid al-shariah
title_short	Islamic perspectives on the legality of marital rape in the framework of maqasid al-shariah
title_full	Islamic perspectives on the legality of marital rape in the framework of maqasid al-shariah
title_fullStr	Islamic perspectives on the legality of marital rape in the framework of maqasid al-shariah
title_full_unstemmed	Islamic perspectives on the legality of marital rape in the framework of maqasid al-shariah
title_sort	islamic perspectives on the legality of marital rape in the framework of maqasid al-shariah
publisher	The Islamic Quarterly Journal of Islamic Perspectives
publishDate	2018
url	http://irep.iium.edu.my/73335/ http://irep.iium.edu.my/73335/ http://irep.iium.edu.my/73335/1/73335_Islamic%20perspectives%20on%20the%20legality%20of%20marital%20rape.pdf http://irep.iium.edu.my/73335/2/73335_Islamic%20perspectives%20on%20the%20legality%20of%20marital%20rape_SCOPUS.pdf
first_indexed	2023-09-18T21:43:57Z
last_indexed	2023-09-18T21:43:57Z
_version_	1777413325177487360

Islamic perspectives on the legality of marital rape in the framework of maqasid al-shariah

Similar Items