Islamic perspective 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,...

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Main Authors:	Mohd Nasri, Mohd Mukhlis, Awang Hamat, Mohd Afandi
Format:	Conference or Workshop Item
Language:	English English
Published:	Kulliyyah of Islamic Revealed Knowledge & Human Sciences, IIUM 2017
Subjects:	BP160 General works on Islam
Online Access:	http://irep.iium.edu.my/73369/ http://irep.iium.edu.my/73369/ http://irep.iium.edu.my/73369/7/73369_Islamic%20Perspective%20on%20The%20Legality%20of%20Marital_accept.pdf http://irep.iium.edu.my/73369/8/73369_Islamic%20Perspective%20on%20The%20Legality%20of%20Marital_scopus.pdf

id	iium-73369
recordtype	eprints
spelling	iium-733692019-07-19T07:41:18Z http://irep.iium.edu.my/73369/ Islamic perspective 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. Kulliyyah of Islamic Revealed Knowledge & Human Sciences, IIUM 2017-02 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/73369/7/73369_Islamic%20Perspective%20on%20The%20Legality%20of%20Marital_accept.pdf application/pdf en http://irep.iium.edu.my/73369/8/73369_Islamic%20Perspective%20on%20The%20Legality%20of%20Marital_scopus.pdf Mohd Nasri, Mohd Mukhlis and Awang Hamat, Mohd Afandi (2017) Islamic perspective on the legality of marital rape in the framework of maqasid al shariah. In: 6th International Conference on Islamic Jurisprudence ( ICIJ2017) : Good governance within the framework of maqasid al-shariah and wasatiyyah approach, 21-23 February 2017, International Islamic University Malaysia. http://www3.iium.edu.my/irkhs/icij2017/userfiles/downloads/Program%20Book%20ICIJ2017%20-final%2016%20-%202-%202017.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 perspective 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	Conference or Workshop Item
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 perspective on the legality of marital rape in the framework of maqasid al shariah
title_short	Islamic perspective on the legality of marital rape in the framework of maqasid al shariah
title_full	Islamic perspective on the legality of marital rape in the framework of maqasid al shariah
title_fullStr	Islamic perspective on the legality of marital rape in the framework of maqasid al shariah
title_full_unstemmed	Islamic perspective on the legality of marital rape in the framework of maqasid al shariah
title_sort	islamic perspective on the legality of marital rape in the framework of maqasid al shariah
publisher	Kulliyyah of Islamic Revealed Knowledge & Human Sciences, IIUM
publishDate	2017
url	http://irep.iium.edu.my/73369/ http://irep.iium.edu.my/73369/ http://irep.iium.edu.my/73369/7/73369_Islamic%20Perspective%20on%20The%20Legality%20of%20Marital_accept.pdf http://irep.iium.edu.my/73369/8/73369_Islamic%20Perspective%20on%20The%20Legality%20of%20Marital_scopus.pdf
first_indexed	2023-09-18T21:44:01Z
last_indexed	2023-09-18T21:44:01Z
_version_	1777413329470357504

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

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