Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

2 results

  • 5 - From Umayyad Practice to Ḥanafī Law

  • from Part II - The Contribution of the State Administration
  • Nurit Tsafrir, Tel-Aviv University
  • Book:
    Collective Liability in Islam
    Published online:
    19 December 2019
    Print publication:
    16 January 2020, pp 51-62

  • Summary

    This chapter follows the process by which Muslim scholars introduced the innovative Umayyad practice of blood-money payment into the Shari‘a. It focuses on the literature of the Ḥanafī school, the only school that incorporated the Umayyad regulation, and reveals how the Ḥanafīs Islamized the Umayyad practice by attributing it to weighty religious authorities from the past, particularly to the second caliph ʿUmar b. al-Khaṭṭāb. The chapter offers a close examination of the arguments and the ḥadīths that served to substantiate the transformation of the Umayyad practice into a Sharʿi rule.

Collective Liability in Islam
  • The ‘Aqila and Blood Money Payments
  • Nurit Tsafrir
  • Published online:
    19 December 2019
    Print publication:
    16 January 2020
  • 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.