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Collective Liability in Islam

The 'Aqila and Blood Money Payments

Collective Liability in Islam

Offering the first close study of the 'Aqila, a group collectively liable for blood money payments on behalf of a member who committed an accidental homicide, Nurit Tsafrir analyses the group's transformation from a pre-Islamic custom to an institution of the Shari'a, and its further evolution through medieval and post medieval Islamic law and society. Les mer
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Collective Liability in Islam

Offering the first close study of the 'Aqila, a group collectively liable for blood money payments on behalf of a member who committed an accidental homicide, Nurit Tsafrir analyses the group's transformation from a pre-Islamic custom to an institution of the Shari'a, and its further evolution through medieval and post medieval Islamic law and society. Having been an essential factor in the maintenance of social order within Muslim societies, the 'Aqila is the intersection between legal theory and practice, between Islamic law and religion, and between Islamic law and the state. Tracing the history of the 'Aqila, this study reveals how religious values, state considerations and social organization have participated in shaping and reshaping this central institution, which still concerns contemporary Muslim scholars.

Part I. The Contribution of Islamic Values: 1. The modern perspective and the Islamic perspective, and their application to the law of homicide; 2. Major modifications of the Islamic law of homicide; 3. The 'Aqila's liability for homicide restricted, and justified; Part II. The Contribution of the State Administration: 4. The Diwan innovation in Umayyad practice; 5. From Umayyad practice to Hanafi law; 6. The Diwan innovation in Hanafi law; Part III. The Contribution of the Persians: 7. The Eastern Iranian Hanafi views on the 'Aqila: a presentation; 8. The Eastern Iranian Hanafi views: the general context; 9. The Eastern Iranian Hanafi views on the 'Aqila: an examination; Conclusion; Bibliography; Index.

Provides a close analysis of the'Aqila, a group collectively liable for blood money payments, in Islamic law and history.

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