Il tema dell’interruzione volontaria di gravidanza coinvolge le nuove generazioni, soprattutto ne... more Il tema dell’interruzione volontaria di gravidanza coinvolge le nuove generazioni, soprattutto nell’approccio alla sessualità. Scegliere la pillola abortiva al posto dei mezzi contraccettivi rappresenta una pratica in aumento che forse dovrebbe interrogarci sul perché, in una società così libera, manchi in realtà la coscienza del proprio corpo e l’educazione di come preservarlo in salute.
Reactions to the U.S. Supreme Court’s decision overturning Roe v Wade have highlighted the bitter... more Reactions to the U.S. Supreme Court’s decision overturning Roe v Wade have highlighted the bitter divide between American pro-life and pro-choice groups. In this comment, I provide a Muslim perspective on abortion. Based on an examination of scriptural sources, and pre-modern and contemporary Islamic legal positions, I demonstrate that Muslim views on abortion span a wide spectrum. Further, I argue that although Islamic legal positions on abortion do not require enshrining abortion as a constitutional right, they suggest the undesirability of legislation criminalizing abortion. Scriptural sources do not directly address abortion. Pre-modern Muslim jurists hold differing positions on abortion that range from permissibility in the first 40-120 days following conception to dislike to impermissibility. Contemporary jurists have further expanded the range of legal positions. There is no need for the state to enforce adherence to a single juristic position through legislation. Non-legal considerations, such as racial disparities, further reinforce the desirability of leaving decisions regarding abortion to individuals rather than the state.
Academic articles on Islamic law and intellectual property often mention that the Ḥanafī legal tr... more Academic articles on Islamic law and intellectual property often mention that the Ḥanafī legal tradition is the only school that does not protect intellectual property. By examining Ḥanafī legal manuals and fatwās by contemporary Ḥanafī jurists, I argue that variant interpretations of Ḥanafī doctrine can result in a finding of compatibility or incompatibility between Ḥanafī law and copyright. Interpretations that recognize copyright protect Ḥanafīs from tension between state laws on intellectual property and religious practice. Whereas some Ḥanafī jurists hold that Ḥanafī law is fully compatible with copyright, others place restrictions on copyright or reject copyright entirely. Ḥanafī legal manuals grant some protection to intangible notions such as honour, confidentiality and sanctity. One interpretation of property rules accommodates intellectual property rights. The principles of public interest (ḥuqūq Allāh) and private rights (ḥuqūq al-ʿibād) may provide jurists who accept intellectual property with a means to better theorize aspects of copyright.
Many Muslims hold the doctrine of the legal schools (madhāhib) in high esteem. As such, the schoo... more Many Muslims hold the doctrine of the legal schools (madhāhib) in high esteem. As such, the schools' approaches to rape and sexual assault may impact the behaviour of Muslim victims and witnesses. Through an examination of the legal rules that regulate rape and sexual assault in fiqh and fatwā works associated with the four Sunni schools and Ibn Ḥazm, I aim to determine whether the relevant rules may interfere with the willingness of Muslim victims and witnesses to report or testify to sexual crimes. I argue that although the jurists' prosecution of sexual assault as a discretionary offence (taʿzīr) is compatible with reporting and testimony, their prosecution of rape as coerced illicit intercourse (zinā), usurpation (ghaṣb), or banditry (ḥirāba) silences victims and witnesses. Further, rules related to financial compensation do not encourage victims to come forward. Reclassifying rape as a discretionary offence would better promote reporting and testimony by victims and witnesses. The central role of ijtihād in creating the historical rules on rape, the jurists' intent behind those rules, and modern knowledge regarding the reality of rape support this reclassification. Fully resolving issues related to civil compensation is difficult without broader reforms of Islamic tort law.
Il tema dell’interruzione volontaria di gravidanza coinvolge le nuove generazioni, soprattutto ne... more Il tema dell’interruzione volontaria di gravidanza coinvolge le nuove generazioni, soprattutto nell’approccio alla sessualità. Scegliere la pillola abortiva al posto dei mezzi contraccettivi rappresenta una pratica in aumento che forse dovrebbe interrogarci sul perché, in una società così libera, manchi in realtà la coscienza del proprio corpo e l’educazione di come preservarlo in salute.
Reactions to the U.S. Supreme Court’s decision overturning Roe v Wade have highlighted the bitter... more Reactions to the U.S. Supreme Court’s decision overturning Roe v Wade have highlighted the bitter divide between American pro-life and pro-choice groups. In this comment, I provide a Muslim perspective on abortion. Based on an examination of scriptural sources, and pre-modern and contemporary Islamic legal positions, I demonstrate that Muslim views on abortion span a wide spectrum. Further, I argue that although Islamic legal positions on abortion do not require enshrining abortion as a constitutional right, they suggest the undesirability of legislation criminalizing abortion. Scriptural sources do not directly address abortion. Pre-modern Muslim jurists hold differing positions on abortion that range from permissibility in the first 40-120 days following conception to dislike to impermissibility. Contemporary jurists have further expanded the range of legal positions. There is no need for the state to enforce adherence to a single juristic position through legislation. Non-legal considerations, such as racial disparities, further reinforce the desirability of leaving decisions regarding abortion to individuals rather than the state.
Academic articles on Islamic law and intellectual property often mention that the Ḥanafī legal tr... more Academic articles on Islamic law and intellectual property often mention that the Ḥanafī legal tradition is the only school that does not protect intellectual property. By examining Ḥanafī legal manuals and fatwās by contemporary Ḥanafī jurists, I argue that variant interpretations of Ḥanafī doctrine can result in a finding of compatibility or incompatibility between Ḥanafī law and copyright. Interpretations that recognize copyright protect Ḥanafīs from tension between state laws on intellectual property and religious practice. Whereas some Ḥanafī jurists hold that Ḥanafī law is fully compatible with copyright, others place restrictions on copyright or reject copyright entirely. Ḥanafī legal manuals grant some protection to intangible notions such as honour, confidentiality and sanctity. One interpretation of property rules accommodates intellectual property rights. The principles of public interest (ḥuqūq Allāh) and private rights (ḥuqūq al-ʿibād) may provide jurists who accept intellectual property with a means to better theorize aspects of copyright.
Many Muslims hold the doctrine of the legal schools (madhāhib) in high esteem. As such, the schoo... more Many Muslims hold the doctrine of the legal schools (madhāhib) in high esteem. As such, the schools' approaches to rape and sexual assault may impact the behaviour of Muslim victims and witnesses. Through an examination of the legal rules that regulate rape and sexual assault in fiqh and fatwā works associated with the four Sunni schools and Ibn Ḥazm, I aim to determine whether the relevant rules may interfere with the willingness of Muslim victims and witnesses to report or testify to sexual crimes. I argue that although the jurists' prosecution of sexual assault as a discretionary offence (taʿzīr) is compatible with reporting and testimony, their prosecution of rape as coerced illicit intercourse (zinā), usurpation (ghaṣb), or banditry (ḥirāba) silences victims and witnesses. Further, rules related to financial compensation do not encourage victims to come forward. Reclassifying rape as a discretionary offence would better promote reporting and testimony by victims and witnesses. The central role of ijtihād in creating the historical rules on rape, the jurists' intent behind those rules, and modern knowledge regarding the reality of rape support this reclassification. Fully resolving issues related to civil compensation is difficult without broader reforms of Islamic tort law.
Uploads
Papers by Julie Lowe