Hamzić, Vanja (2014) Rethinking Crime in the Islamic Legal Tradition. In: Westminster Law School Research Seminars, January 2014, University of Westminster, London, UK.
Abstract
This paper offers a critical historical overview of the varying concepts of crime in Islamic legal tradition, focusing on the four examples from the classical, postclassical and the contemporary eras of Islamic law. The first example presents a brief reevaluation of some contentious intersections between Islamic criminal law and the state governance (siyasa) in the Great Seljuk Empire (1040-1194 CE). The second example relates to the role of the Ottoman sultanic laws (kanun) (c.1453-1839 CE) in defining crime from an Islamic perspective. The third example addresses the adultery (zina) laws in Pakistan (since 1979 CE), while the fourth example turns to feminist and sexual/gender-pluralist hermeneutics in the contemporary Islamic legal thought. The paper introduces a rich, pluralist landscape of the historical and present-day Islamic criminal legal theory, arguing for a novel, vernacular assessment of the changing concepts of crime in Muslim societies.
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