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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

Nurit Tsafrir
Affiliation:
Tel-Aviv University
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Summary

In its transition from pre-Islamic Arab custom to the Sharia, 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.

Type
Chapter
Information
Collective Liability in Islam
The ‘Aqila and Blood Money Payments
, pp. 10 - 17
Publisher: Cambridge University Press
Print publication year: 2020

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