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Author Tsafrir, Nurit, 1957- author.

Title Collective liability in Islam : the 'Āqila and blood-money payments / Nurit Tsafrir
Published Cambridge : Cambridge University Press, 2020
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Description 1 online resource (xviii, 167 pages)
Series Cambridge studies in Islamic civilization
Cambridge studies in Islamic civilization.
Contents Cover -- Half-title -- Series information -- Title page -- Copyright information -- Dedication -- Contents -- Preface -- Acknowledgments -- Part I The Contribution of Islamic Values -- Introduction -- 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 -- 2.1 Restricting the Liability for Blood Revenge to the Perpetrator -- 2.2 Distinguishing between Accidental and Intentional Homicide -- 3 The 'Āqila's Liability for Homicide Restricted and Justified -- 3.1 Accidental Homicide
3.2 Minor Blood-Money Payments -- 3.3 Denying the Incompatibility with the Individual Responsibility Principle -- Part II The Contribution of the State Administration -- Introduction -- 4 The Dīwān Innovation in Umayyad Practice -- 5 From Umayyad Practice to Ḥanafī Law -- 5.1 The Dīwān Innovation in ḥadīth -- 5.1.1 Ḥadīth 'Umar -- 5.1.2 The Three Installments ḥadīth -- 5.2 Justifications Other Than ḥadīth -- 6 The Dīwān Innovation in Ḥanafī Law -- 6.1 Those on Whose Behalf Blood Money Is Paid by the Dīwān -- 6.1.1 The Sawād Dwellers -- 6.1.2 The Townsmen
6.2 Those Who Pay on Behalf of Others: The Recipients of Rizq -- 6.3 Adjusting the 'Āqila -- Part III The Contribution of the Persians -- Introduction -- 7 The Eastern Iranian Ḥanafī Views on the 'Āqila: A Presentation -- 7.1 The 'Āqila of Those Who Have a Dīwān -- 7.2 The 'Āqila of Those Who Do Not Have a Dīwān (the Earlier Balkhī View) -- 7.3 The Persians Have No 'Āqila (the Later Balkhī View) -- 8 The Eastern Iranian Ḥanafī Views: The General Context -- 8.1 The Historical Context -- 8.2 The Literary Context -- 9 The Eastern Iranian Ḥanafī Views on the 'Āqila: An Examination
9.1 The 'Āqila of Those Who Have a Dīwān -- 9.1.1 The Literary Context -- 9.1.2 The Historical Context -- 9.2 The 'Āqila of Those Who Do Not Have a Dīwān (the Earlier Balkhī View) -- 9.2.1 The Literary Context -- 9.2.2 The Historical Context -- 9.3 The Persians Have No 'Āqila (the Later Balkhī View) -- 9.3.1 The Literary Context -- 9.3.2 The Historical Context -- Conclusion -- Bibliography -- Index
Summary Offering the first close study of the ʻAqila, 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 ʻAqila 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 ʻAqila, 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
Analysis 'āqila
Notes Vendor-supplied metadata
Subject Blood money (Islamic law)
Liability (Islamic law)
Juristic persons (Islamic law)
Blood money (Islamic law)
Juristic persons (Islamic law)
Liability (Islamic law)
Form Electronic book
ISBN 9781108654241
110865424X