MAʿĀQIL (معاقل)
Definition
MAʿĀQIL (معاقل) refers to the concept within Islamic law concerning fines imposed for serious criminal offenses such as murder and manslaughter. It is intrinsically linked to the notion of Diyah (blood money), a financial compensation owed to the family of the victim.
Etymology
The term MAʿĀQIL (معاقل) derives from the Arabic root ‘A-Q-L (ع-ق-ل), which is related to concepts of prevention and rationality. The term معاقل specifically connotes something that provides protection or support, reflecting how these fines serve societal stability and justice.
Arabic and Turkish Translations
- Arabic: معاقل (maʿāqil)
- Turkish: Marazat
Historical and Legal Context
In historical Islamic jurisprudence texts such as the Hidāyah, MAʿĀQIL is discussed in detail, elucidating its role and regulations. According to Hidāyah, vol. iv. p. 448, MAʿĀQIL fines are standardized and regulated, ensuring justice and compensation for wrongful death.
Relation to Diyah (Blood Money)
MAʿĀQIL is closely associated with Diyah (دية), which represents the compensation required for the family of a slain individual. The regulation of these fines aims to prevent feuds and facilitate gesellschaftliche harmony through financial restitution.
Suggested Books for Further Studies
- “The Hidāyah: A Commentary on the Islamic Laws” by Burhan al-Din al-Marghinani
- “Islamic Jurisprudence According to the Four Sunni Schools” by Abdul Rahman Doi
- “The Blood-Feud among the Arabs: Hadith and Frontier Archers” by Charles J. Adams
- “From Pax Mongolica to Pax Ottomana: The History and Law of Blood Revenge among the Muslim Nomads” by Reuven Amitai
Takeaways
- MAʿĀQIL relates to the fines and compensations imposed for severe crimes like murder and involuntary manslaughter in Islamic law.
- Evolved from the concept of ensuring communal protection and maintaining social order, reflecting the broader principles of justice in Islam.
- Involves complex regulations best understood through classic jurisprudential texts and contemporary legal studies.
Conclusion
Understanding MAʿĀQIL (معاقل) offers critical insight into the mechanisms of justice within Islamic law. It shows the purposeful integration of monetary compensation to uphold social justice and harmony. Through both historical texts and contemporary research, one can grasp the depth and context of this legal concept and its continued significance.
