Collective Liability in Islam

The ‘Aqila and Blood Money Payments

Nurit Tsafrir (Tel-Aviv University)

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English

Cambridge University Press
16 January 2020

Humanities; History; Regional & national history; Middle Eastern history

Series: Cambridge Studies in Islamic Civilization

Offering the first close study of the ʿAqila, 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 ʿAqila 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 ʿAqila, 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.

By: Nurit Tsafrir (Tel-Aviv University)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 235mm, Width: 156mm, Spine: 14mm
Weight: 390g
ISBN: 9781108498647
ISBN 10: 1108498647
Series: Cambridge Studies in Islamic Civilization
Pages: 188
Publication Date: 16 January 2020
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

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.

Nurit Tsafrir is Senior Lecturer in the Department of Middle Eastern and African History at Tel-Aviv University. She was previously a member of the Israel Institution for Advanced Studies in the Hebrew University of Jerusalem, and of the Institute for Advanced Study in Princeton University, New Jersey. A specialist in medieval Islam focusing on the Hanafi school of law, she is the author of The History of an Islamic School of Law: The Early Spread of Hanafism (2004).