Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-5nwft Total loading time: 0 Render date: 2024-06-08T13:55:59.674Z Has data issue: false hasContentIssue false

3 - The ‘Āqila’s Liability for Homicide Restricted and Justified

from Part I - The Contribution of Islamic Values

Published online by Cambridge University Press:  19 December 2019

Nurit Tsafrir
Affiliation:
Tel-Aviv University
Get access

Summary

The āqila -- a group of men liable for the payment of blood money on behalf of any of them -- is based on collective liability. When the Sharia borrowed this institution from pre-Islamic, tribal custom, a contradiction was created with the Islamic important principle of individual responsibility. This chapter focuses on this contradiction, examining the means by which Muslims jurists attempted to settle, reduce, or justify the paradox, and how these efforts contributed to shaping the law. One way was to restrict the liability of the āqila to accidental homicide, leaving the perpetrator alone liable for intentional homicide. Another solution was to develop arguments that either denied the contradiction or enhanced the importance of the āqila to justify the existence of the institution despite the contradiction involved. It is argued that the changes introduced in rules related to the āqila, and the proposed justifications, brought homicide, which in pre-Islamic Arab custom was treated as a tort, closer to a crime.

Type
Chapter
Information
Collective Liability in Islam
The ‘Aqila and Blood Money Payments
, pp. 18 - 32
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×