Collective Liability in Islam: The 'Aqila and Blood Money Payments

ISBN-13: 9781108498647 / Angielski / Twarda / 2020 / 188 str.

Nurit Tsafrir

Opis

Offering the first close analysis of the 'Aqila, a group jointly liable for blood money payments on behalf of its members, this study traces the transformation of this important institution from pre-Islamic custom to the Shari'a, and follows its further re-shaping through the modern period, in relation to Islamic religion, state, and society.

Spis treści

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 'Āqila'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.