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Book
Collective liability in Islam : the 'āqila and blood-money payments
Author:
ISBN: 1108598439 110865424X 1108498647 1108580432 1108724280 Year: 2020 Publisher: Cambridge : Cambridge University Press,

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Abstract

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.


Book
The application of Islamic criminal law in Pakistan
Author:
ISBN: 1282400665 9786612400667 9047425723 9789047425724 9789004172258 9004172254 9781282400665 6612400668 Year: 2009 Publisher: Leiden Boston

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Abstract

No legal system in the world has aroused as much public interest as Sharia. However, the discourse around Sharia law is largely focussed on its development and the theories, principles and rules that inform it. Less attention has been given to studying the consequences of its operation, particularly in the area of Islamic criminal law. Even fewer studies explore the actual practice of Islamic criminal law in contemporary societies. This book aims to fill these gaps in our understanding of Sharia law in practice. It deals specifically with the consequences of enforcing Islamic criminal law in Pakistan, providing an in-depth and critical analysis of the application of the Islamic law of Qisas and Diyat (retribution and blood money) in the Muslim world today. The empirical evidence adduced more broadly demonstrates the complications of applying traditional Sharia in a modern state.

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