Abubakar, Musa Usman (2012) Gender justice and Islamic laws of homicide and bodily hurt of Pakistan and Nigeria : a critical examination. PhD thesis, University of Warwick.

Research output not available from this repository.

Request-a-Copy directly from author or use local Library Get it For Me service.

Request Changes to record.

Abstract

The operationalization of Islamic criminal system by some Muslim
jurisdictions in the post-colonial era raises many human rights
questions. On the one hand, the system is perceived as inhuman, cruel
and degrading, and on the other, as gender discriminatory and
iniquitous. This thesis focuses on the second part of this critique.
Discrimination on ground of gender in Muslim states has been one of
the major human right issues that engage scholars in heated debates
on whether or not gender justice exists under the Islamic criminal
regime. In relation to the offences of homicide and bodily hurt,
discriminatory principles are often justified on economic argument.
Interestingly, these principles are characterised as divinely ordained,
thus unchangeable to eternity. However, the interplay between the
divine and the human elements in the development of the regime is
mostly ignored and it is often difficult to ascertain from where such
principles emanate.
This thesis examines the classical theorization, the Sharīʿah-inspired
penal codes of Pakistan and the 12 Northern states of Nigeria, as well
as case law, with a view to ascertaining whether the so-called gender
justice deficit is intrinsic to the divine or is mere human construction.
The findings of the thesis reveal existence of an egalitarian tone in the
divine. The divine however has left considerable room for human
agency to employ construction that best suits its circumstances. This
enabled the classical jurists to differ on many issues that raise gender
concerns in the modern world. Biological determinism plays a
significant role in the construction of the divine. What appears to
influence the jurists include cross-contextual analogy by creating
linkages between unrelated themes and infiltration of customary
practices.
The thesis posits that the problem of gender justice under the regime
can best be addressed from within the system. This is possible when
contemporary Islamic scholarship engages in thorough intellectual
analysis of the classical fiqh literature. This is likely to appeal to
Muslims in whose territories the law operates. The thesis therefore
suggests participation of all stakeholders, including women, in
criminal policy formulation. This would entail employing affirmative
action measures that would guarantee participation of women in both
legislative and judicial process.

Item Type:	Thesis (PhD)
Subjects:	K Law [Moys] > KD Religious Systems
Library of Congress Subject Headings (LCSH):	Islamic law -- Pakistan, Islamic law -- Nigeria, Women (Islamic law) -- Pakistan, Women (Islamic law) -- Nigeria, Sex discrimination against women -- Pakistan, Sex discrimination against women -- Nigeria, Homicide (Islamic law), Offenses against the person (Islamic law)
Official Date:	April 2012
Dates:	Date Event April 2012 Submitted
Institution:	University of Warwick
Theses Department:	School of Law
Thesis Type:	PhD
Publication Status:	Unpublished
Supervisor(s)/Advisor:	Ali, Shaheen Sardar
Extent:	xxi, 427 leaves
Language:	eng

Request changes or add full text files to a record

Repository staff actions (login required)

View Item