Límites legales del concubinato: normas y tabúes en la esclavitud sexual según la Bidāya de Ibn Rušd
DOI:
https://doi.org/10.3989/alqantara.2007.v28.i2.43Keywords:
Concubinage, Slavery, Islamic law, Mālikī law, Marriage, Family, Ibn Rushd (Averroes).Abstract
Concubinage is a kind of relationship between a man and a woman whose legal implications have been discussed and regulated by all Islamic legal schools. Norms of both religious and juridical nature regulate the relationship between a man and his concubine, in relation to several factors: sexual and family taboos, the slave condition of the concubine, the man’s obligations in regard to the individuals under his surveillance, etc. The goal of this paper is to investigate which are the limits of concubinage according to Mālikī legal doctrine, with special focus on cases in which marriage and concubinage show parallels. The basis for this study is the treatise on comparative law Bidāyat al-mujtahid, by Ibn Rushd (Averroes).
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