Collective Liability in Islam: The ‘Aqila and Blood Money Payments (Cambridge Studies in Islamic Civilization)

Nurit Tsafrir
Cambridge University Press, 1/16/2020
EAN 9781108498647, ISBN10: 1108498647

Hardcover, 188 pages, 22.9 x 15.2 x 1.3 cm
Language: English
Originally published in English

Offering the first close study of the Ê¿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 Ê¿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 Ê¿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 'Ä€qila's liability for homicide restricted, and justified
Part II. The Contribution of the State Administration
4. The Dīwān innovation in Umayyad practice
5. From Umayyad practice to Ḥanafī law
6. The Dīwān innovation in Ḥanafī law
Part III. The Contribution of the Persians
7. The Eastern Iranian Ḥanafī views on the 'Āqila
a presentation
8. The Eastern Iranian Ḥanafī views
the general context
9. The Eastern Iranian Ḥanafī views on the 'Āqila
an examination
Conclusion
Bibliography
Index.