Sexual Harassment in Family in Famous Islamic Fatwas

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Nourbakhsh Seyed Masoud

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Journal Paper

Paper Information

Journal: JURISPRUDENCE AND FUNDAMENTALS OF ISLAMIC LAW Year:2021 | Volume:54 | Issue:1 Page(s): 240-221

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Information Journal Paper

Title

Sexual Harassment in Family in Famous Islamic Fatwas

Author(s)

Nourbakhsh Seyed Masoud | Issue Writer Certificate

Keywords

denial of persecution

family

jurisprudence

marital rape

patriarchy

Sexual harassment

Abstract

Part of the family problems is sexual violence, which mostly victimizes women. In comparison with forty types of sexual harassment categorized in jurisprudence, most of them are prohibited under the general rule of "denial of persecution" or for a specific reason. But not everything that is known today as "sexual harassment" is discussed in jurisprudential sources. Some of them are allowed by other rules, such as marital rape, forced marriage, and some prohibitions on marriage. At the time of the issuance of religious sources and the formation of jurisprudence, some of these behaviors were not considered "harassment" or "prohibited harassment". In tracing and theoretically justifying these behaviors, we come to a worldview, a kind of attitude towards women, a patriarchal culture and economy. There are capacities in jurisprudence that can resolve the conflict between some jurisprudential rules and the achievements of human culture and civilization.

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