Collective Liability in Islam (Cambridge Studies in Islamic Civilization)

This book is about an institution of the Shari'a, called 'aqila. The 'aqila is a group with joint liability for the payment of compensation for homicide or bodily injury caused by any of the group's members. The book examines how this originally pre-Islamic institution was reshaped under Islam within three contexts: religious, administrative and social. In the religious context, harmonizing the law with religion demanded that the 'aqila be adjusted to suit Islamic tenets, especially individual responsibility. The required adjustments are analyzed, as well as their influence on Islamic law of homicide. In the administrative context, the Umayyad practice transformed the 'aqila from a tribal institution into an administrative division, bringing blood money payment under the state jurisdiction. ?anafi jurists then incorporated the Umayyad practice into the Shari'a. In the social context, the book examines how Persian ?anafi jurists from eastern Iran shaped the composition of the 'aqila in accordance with the social structure in their land. The 'aqila also serves as a case study for legal change. The book explores how the modifications introduced in this institution were endowed with the required legal authority, and demonstrates the elastic nature of the Shari'a, that absorbed these modifications--

• | Author: Nurit Tsafrir
• | Publisher: Cambridge University Press
• | Publication Date: Mar 24, 2022
• | Number of Pages: 190 pages
• | Language: English
• | Binding: Paperback
• | ISBN-10: 1108724280
• | ISBN-13: 9781108724289