ḤAMĀLAH (حـمالة)
Definition
ḤAMĀLAH (حـمالة) refers to the concept of compensation for manslaughter or murder within Islamic jurisprudence. It is also commonly known as diyah (دية), which is the financial compensation paid to the family of a victim.
Etymology
The term ḤAMĀLAH is derived from the Arabic root حمل (ḥ-m-l), which generally means “to bear” or “to carry.” In the context of Islamic law, it implies the bearing of financial responsibility.
- Arabic: حـمالة (ḤAMĀLAH)
- Turkish: Diyet or Kan Bedeli
Concept and Application
In Islam, the concept of ḤAMĀLAH or diyah serves as an important aspect of the legal system that deals with unintentional harm or murder. It is a form of restitution to the victim’s family, compensating for the loss and providing a means to seek justice without resorting to personal revenge.
Types of Diyah
- Diyah for Intentional Murder: This usually has a higher compensation and might be coupled with other legal consequences.
- Diyah for Manslaughter: Compensation in these cases is generally lower than for intentional murder and might be supplemented by other atonements.
Procedure and Amount
The amount of diyah is standardized in some cases, while in others, it might be subject to negotiation based on the severity of the offense and the socio-economic conditions. Islamic jurisprudence typically outlines the specific values and facilitates a process overseen by Islamic courts.
Significance in Islamic Legal System
The emphasis on compensatory justice in Islamic law underscores the importance of human life and aims to ensure social harmony by preventing vendettas and encouraging resolution through legal means.
Books for Further Studies
For those interested in exploring this concept further, here are some recommended readings:
- “Islamic Jurisprudence: An International Perspective” by C.G. Weeramantry
- “Sharia Law: An Introduction” by Mohammad Hashim Kamali
- “Islamic Law of Contract” by Ayman Shabana
Takeaways
- ḤAMĀLAH, or diyah, is a significant legal mechanism in Islam.
- It reinforces the value of human life by providing a structured form of compensation.
- Understanding diyah assists in comprehending the broader aspects of Islamic justice and legal ethics.
Conclusion
The concept of ḤAMĀLAH (حـمالة) illustrates a critical component of Islamic legal tradition focusing on justice, compensation, and social harmony. Not only does it provide a means to rectify wrongdoing, but it also serves to mitigate personal vengeance, thereby supporting a just and compassionate society.
For a more holistic understanding, engage with traditional Islamic texts and contemporary scholarly works that examine Islamic jurisprudence in depth.
