La Strada Documentation Center

Criminalizing Sexuality: Zina Laws as Violence Against Women in Muslim Contexts

Document number
2448
Date
2010
Title
Criminalizing Sexuality: Zina Laws as Violence Against Women in Muslim Contexts
Author/publisher
Ziba Mir Hosseini
Availability
View/save PDF version of this document
Document type(s)
Research/Study/Analysis,
Keywords
Sex tourism, Pornography, Domestic violence, Prostitution, Rape, Sexual harassment, Women's rights; Women; Control and regulation of prostitution, Protection, Punishable forms of prostitution, Violence, Human rights violation, Crime against humanity, War crime, Armed conflict, Post-conflict situation, Terrorism,
Summary
Islamic legal tradition treats any sexual contact outside a legal marriage as a crime. The main category of such crimes is zina, de ned as any act of illicit sexual intercourse between a man and woman. In the late twentieth century, the resurgence of Islam as a political and spiritual force led to the revival of zina laws and the creation of new o ences that criminalize consensual sexual activity and authorize violence against women. Activists have campaigned against these new laws on human rights grounds. In this discussion paper, I show how zina laws and the criminalization of consensual sexual activity can also be challenged from within Islamic legal tradition. Far from mutually opposed, approaches from Islamic studies, feminism and human rights perspectives can be mutu- ally reinforcing, particularly in mounting an e ective campaign against revived zina laws. By exploring the intersections between religion, culture and law that legitimate violence in the regula- tion of sexuality, the paper aims to contribute to the development of a contextual and integrated approach to the abolition of zina laws.. In so doing, I hope to broaden the scope of the debate over concepts and strategies of the SKSW Campaign.
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