Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-nr4z6 Total loading time: 0 Render date: 2024-06-08T19:04:43.364Z Has data issue: false hasContentIssue false

6 - The Dīwān Innovation in Ḥanafī Law

from Part II - The Contribution of the State Administration

Published online by Cambridge University Press:  19 December 2019

Nurit Tsafrir
Affiliation:
Tel-Aviv University
Get access

Summary

This chapter offers a full picture of the modifications that the Ḥanafī jurists introduced in the method of blood-money payment, basing on Umayyad practice and regulations. It suggests that these Ḥanafī jurists broadened significantly the Umayyad innovation of the method of payment, by changing also the composition of the āqila. They removed the liability for blood money from the perpetrator's kinsmen, transferring it to the warriors of his military division who were registered with him on the same payroll of the dīwān. Together with other changes motivated by administrative considerations, the Ḥanafīs transformed the āqila from a tribal solidarity group of limited size, into a group of thousands of men who shared no blood ties. The payment of blood money, previously the most important expression of solidarity, became a compulsory toll, which the government could levy by deduction from a large group, selected according to its own considerations.

Type
Chapter
Information
Collective Liability in Islam
The ‘Aqila and Blood Money Payments
, pp. 63 - 84
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
×