Rethinking The Offence Of Rape As Violence Against Women Under Islamic Law: A Paradigm Shift
Abstract
This article examined the phenomenon of rape in the Northern
part of Nigeria, particularly in the eleven states with an
entrenched Islamic legal regime with a view to proffering
solution within the Islamic law, for the latter to serve more as a
sword than a shield for rapists. It evaluated the current regime and
found that it is very influenced by the position of Ibn al-Qāsim
such that rape is perceived as a variant of zina, thereby requiring
from the victim a very high standard of proof. Using doctrinal
research methodology, the article found that the adoption of this
view has made impossible for the Sharia court to convict a
suspected rapist on the strength of evidence of four reliable
witnesses. It further found that a paradigmatic shift is possible
particularly, as during the formative period of Islam, rape was
considered an independent offence of violence against women
with flexible means of proof. It therefore behoves the States in
the Northern part of Nigeria to consider amending their respective
Sharia penal codes to properly contain or combat the menace of
rape. Rethinking the Offence of Rape as Violence Against Women Under Islamic
Law: A Paradigm Shift
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