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Protection against STDs: an Islamic criminal law approach


Deuraseh, Nurdeng @ Nurdeen (2008) Protection against STDs: an Islamic criminal law approach. Arab Law Quarterly, 22 (1). pp. 88-108. ISSN 0268-0556; ESSN: 1573-0255


In Islamic law, there is a principle known as sadd al-dharā'i, or blocking the means. By virtue of blocking the means, any particular action, which may bring harm to mankind, would be deemed unlawful and illegitimate. To apply this concept, Islam does not tolerate the practice of unlawful sexual relations. It is found that many victims of STDs and HIV/AIDS are those who practice sodomy or even anyone who maintains sexual relations with anyone other than his/her lawful spouse. In Islam, al-zinā (tr. adultery and fornication) and al-liwāt (tr. homosexuality) are crimes not only against one person but against society as a whole. The present paper will study the role of Islamic criminal law in the prevention of Sexually Transmitted Diseases (STDs) in general, and HIV/AIDS in particular.

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Additional Metadata

Item Type: Article
Divisions: Faculty of Human Ecology
DOI Number: https://doi.org/10.1163/026805508X286785
Publisher: Brill
Keywords: Islamic criminal law; Protection against STDs; Unlawful sexual intercourse in Islamic law
Depositing User: Nabilah Mustapa
Date Deposited: 18 Aug 2015 11:06
Last Modified: 12 Nov 2015 07:24
Altmetrics: http://www.altmetric.com/details.php?domain=psasir.upm.edu.my&doi=10.1163/026805508X286785
URI: http://psasir.upm.edu.my/id/eprint/16376
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