Book contents
- Collective Liability in Islam
- Cambridge Studies in Islamic Civilization
- Collective Liability in Islam
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgments
- 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
- Part III The Contribution of the Persians
- Bibliography
- Index
- Other titles in the series:
2 - Major Modifications of the Islamic Law of Homicide
from Part I - The Contribution of Islamic Values
Published online by Cambridge University Press: 19 December 2019
- Collective Liability in Islam
- Cambridge Studies in Islamic Civilization
- Collective Liability in Islam
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgments
- 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
- Part III The Contribution of the Persians
- Bibliography
- Index
- Other titles in the series:
Summary
In its transition from pre-Islamic Arab custom to the Shari‘a, the Islamic law of homicide underwent a series of modifications, designed to make it fit Islamic values and principles. This chapter discusses two such major modifications. The first one involves restricting the liability for blood revenge to the perpetrator, while the second sharpens the distinction between accidental and intentional homicide. It is argued that by these modifications Muslim jurists emphasized individual responsibility, intention, fault rather than mere causation, and punishment rather than compensation, thereby bringing homicide closer to a crime. In this way, they expressed the conception that homicide is an offense against the interests of the entire community, and not just against private rights.
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- Chapter
- Information
- Collective Liability in IslamThe ‘Aqila and Blood Money Payments, pp. 10 - 17Publisher: Cambridge University PressPrint publication year: 2020