Marital Rape in Denmark and Pakistan: Minorities, Culture and Law
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Marital Rape in Denmark and Pakistan : Minorities, Culture and Law. / Schultz-Knudsen, Mikele; Mehdi, Rubya.
In: NAVEIÑ REET: Nordic Journal of Law and Social Research, Vol. 10, 05.04.2021, p. 145-185.Research output: Contribution to journal › Journal article › Research › peer-review
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TY - JOUR
T1 - Marital Rape in Denmark and Pakistan
T2 - Minorities, Culture and Law
AU - Schultz-Knudsen, Mikele
AU - Mehdi, Rubya
PY - 2021/4/5
Y1 - 2021/4/5
N2 - This article investigates how rape laws and rape cases are culturally influenced, with a focus on marital rape. The first part of the article looks at cultural influences on rape laws and compares the historical development of these laws in Danish legislation, Pakistani legislation and more broadly in Muslim law. The second part of the article analyzes two court cases involving marital rape. The article concludes with recommendations, including the need to educate the population as legal concepts of rape change, as well as for judges to be aware of not only the legal culture and the culture of the parties, but also of how their own culture might influence their decisions. The article also reflects on recent legislative changes in Denmark and Pakistan.
AB - This article investigates how rape laws and rape cases are culturally influenced, with a focus on marital rape. The first part of the article looks at cultural influences on rape laws and compares the historical development of these laws in Danish legislation, Pakistani legislation and more broadly in Muslim law. The second part of the article analyzes two court cases involving marital rape. The article concludes with recommendations, including the need to educate the population as legal concepts of rape change, as well as for judges to be aware of not only the legal culture and the culture of the parties, but also of how their own culture might influence their decisions. The article also reflects on recent legislative changes in Denmark and Pakistan.
KW - Faculty of Law
KW - Rape legislation
KW - Pakistan
KW - legal history
KW - Danish law
KW - Muslim law
KW - Islamic law
KW - voldtægt; samtykke; frivillighed
KW - Islamisk ret
KW - Muslimsk ret
KW - Dansk ret
KW - retshistorie
KW - retshistorie, middelalder
M3 - Journal article
VL - 10
SP - 145
EP - 185
JO - NAVEIÑ REET: Nordic Journal of Law and Social Research
JF - NAVEIÑ REET: Nordic Journal of Law and Social Research
SN - 2246-7483
ER -
ID: 261683633