ʿĀQILAH (عاقلة) in Islamic Law
Definition
ʿĀQILAH (عاقلة) refers to a group of male relatives who share a common paternal lineage and are collectively responsible for paying blood money (diya) or expiatory fines (kaffara) for unintentional manslaughter or other compensatory legal penalties under Islamic law.
Etymology
- Arabic: عاقلة (
ʿĀQILAH) - Translation: “Those who pay” or “Compensators” in English.
The term originates from the root ع-ق-ل (-q-l)in Arabic, which generally conveys the meaning ofbindingorcompensation.`
Roles and Responsibilities
In traditional Islamic jurisprudence, if an individual from a family commits involuntary manslaughter, the responsibility of paying the diya falls upon the ʿĀQILAH. This communal duty is intended to diffuse the financial burden across a network of relatives, ideally mitigating excessive hardship on a single party.
Legal References
- Hamilton’s Hidāyah: Vol. IV, pages 449, 452
- Baillie’s Law of Sale: Page 214
These sources delve into detailed discussions on how Islamic law defines and applies the concept of ʿĀQILAH in different situations.
Importance in Islamic Law
The concept of ʿĀQILAH ensures social cohesion and collective responsibility among family members, reflecting the broader Islamic values of mutual aid and solidarity. Its framework facilitates financial support and moral responsibility within communities, ensuring that justice and compassion are balanced.
Application in Modern Contexts
In contemporary Islamic societies, the application of ʿĀQILAH can vary depending on local customs and legal frameworks. Some modern jurisdictions may have modified this ancient practice to align with current legal systems while still reflecting the underlying Islamic principles.
Further Reading
- “Introduction to Islamic Law: Principles of Civil, Criminal, and International Law under the Shari’a” by Jonathan G. Burns
- “Islamic Law and Society” by Joseph Schacht
- “The Origins and Evolution of Islamic Law” by Wael B. Hallaq
Takeaways
- ʿĀQILAH is a pivotal concept in Islamic law emphasizing community and family responsibility.
- Its practice underscores the Islamic values of mutual aid and collective responsibility.
- The concept, while rooted in ancient traditions, still holds relevance and adaptations in modern Islamic legal systems.
Conclusion
The term ʿĀQILAH encapsulates a crucial aspect of Islamic legal thought that emphasizes communal responsibility and familial solidarity, reinforcing a network of support within Muslim communities. Understanding its origins, applications, and significance in Islamic jurisprudence provides valuable insights into the foundations of Islamic legal and ethical practices.
