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Collective Liability in Islam Nurit Tsafrir (Tel-Aviv University)

Collective Liability in Islam By Nurit Tsafrir (Tel-Aviv University)

Collective Liability in Islam by Nurit Tsafrir (Tel-Aviv University)


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Summary

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.

Collective Liability in Islam Summary

Collective Liability in Islam: The 'Aqila and Blood Money Payments by Nurit Tsafrir (Tel-Aviv University)

Offering the first close study of the 'Aqila, 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 'Aqila 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 'Aqila, 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.

About Nurit Tsafrir (Tel-Aviv University)

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).

Table of Contents

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 'Aqila's liability for homicide restricted, and justified; Part II. The Contribution of the State Administration: 4. The Diwan innovation in Umayyad practice; 5. From Umayyad practice to Hanafi law; 6. The Diwan innovation in Hanafi law; Part III. The Contribution of the Persians: 7. The Eastern Iranian Hanafi views on the 'Aqila: a presentation; 8. The Eastern Iranian Hanafi views: the general context; 9. The Eastern Iranian Hanafi views on the 'Aqila: an examination; Conclusion; Bibliography; Index.

Additional information

NLS9781108724289
9781108724289
1108724280
Collective Liability in Islam: The 'Aqila and Blood Money Payments by Nurit Tsafrir (Tel-Aviv University)
New
Paperback
Cambridge University Press
2022-03-24
189
N/A
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