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1 results

  • 1 - The Modern Perspective and the Islamic Perspective, and Their Application to the Law of Homicide

  • from Part I - The Contribution of Islamic Values
  • Nurit Tsafrir, Tel-Aviv University
  • Book:
    Collective Liability in Islam
    Published online:
    19 December 2019
    Print publication:
    16 January 2020, pp 5-9

  • Summary

    The Islamic law of homicide does not fall neatly into the category of either civil wrongs or crimes, but rather belongs to an intermediate group that captures elements of both categories. In this chapter, this dichotomy is presented by applying to the law of homicide first the modern distinction between civil wrongs and crimes, and then the Islamic distinction between ḥuqūq Allāh (the equivalent of public law) and ḥuqūq al-‘ibād (the equivalent of private law). The criminal and the tortious elements of the law of homicide are highlighted and exemplified from Shari‘a texts. The religious components of the law of homicide are also discussed.