ABSTRACT

This chapter describes the various ways in which theories of bodily integrity have become integral to theories of late twentieth and early twenty-first century rule of law writ large. It suggests medieval Muslim jurists were also separating sexuality from reproduction in their approach to the crime. The chapter emphasizes that an additional effect of the contract was to define women as early modern political subjects and to set a foundation for understanding them as modern citizens. It discusses the Michel Foucault gender-neutral suggestions for reforming late twentieth century French rape law. The chapter focuses on reproductive legislation turned the womb into public space, this same shifting focus in sex legislation has turned women's bodies writ large into public space. Finally it examines the ways in which medieval and early modern jurists defined and re-defined adultery as both a hadd crime and as a tazir crime.