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Rape in Maliki Legal Doctrine and Practice (8th–15th Centuries C.E.)

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This paper draws on a series of texts written by jurists of the Maliki School of Law between the 8th and the 15th century. The variety of these sources and their examination in chronological order makes it possible to sketch different stages of elaboration and observing the relationship between doctrinal development and legal practice within the Maliki School of that period. My conclusion is that Maliki doctrine on rape was far from being monolithic, and that it changed over time as a result of a series of efforts to accommodate social demands and on the grounds of rationality, equity and justice.

Affiliations: 1: CSIC. Madrid


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