The liability of kinship group (‘Aqilah) in a different perspective
Journal Title: فقه و اصول - Year 2015, Vol 47, Issue 101
Abstract
Reputable Imami jurisprudents believe that liability for involuntary manslaughter (wergild or diyah) is incumbent upon the institution called ‘Āqilah (paternal kinship group of the criminal). From the very beginning, the verdict has faced challenges, including its conflict with the principle of individual criminal responsibility, which have prompted jurisprudents to offer various justifications so as to explain its reasons. Based on Qur’anic rules, generalities and predications and using the Jawahiri approach (fiqh al-Jawāhirī), the present article seeks to prove the belief that despite the opposition of Shaykh al-Mufīd, this idea is not founded on consensus. In addition, major famous documents pertaining to this notion are the hadiths where serious doubts exist with regard to their documentations and connotations; moreover, they stand in contrast to the Qur’anic generalities and predications and also to independent reason. The narrative or Hadith evidences which have remained undisputed and without opposition necessarily prove the liability of kinship group only in cases where the ‘Āqilah is responsible for the supervision and care of a person’s life, or is formally held accountable.
Authors and Affiliations
Mohsen Ahmadvand, Hossein Naseri Moghadam
Keywords
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- EP ID EP190125
- DOI 10.22067/fiqh.v47i21.20801
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