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9 - The Eastern Iranian Ḥanafī Views on the ‘Āqila: An Examination

from Part III - The Contribution of the Persians

Published online by Cambridge University Press:  19 December 2019

Nurit Tsafrir
Affiliation:
Tel-Aviv University
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Summary

Against the historical and literary background of the Ḥanafī opinions from eastern Iran as discussed Chapter 8, this chapter deals with the three distinctive opinions regarding the āqila that developed there, as presented in Chapter 7. It tries both to reconstruct the historical context within which each of the opinions came into being, and to follow their path in the legal literature. This route starts from the fatwā collections in which they were first compiled and preserved, and continues to the standard literature into which they were eventually incorporated. This chapter also touches upon the evolution of the āqila over the last few centuries, a process that reflects the weakening of social solidarity and of clan loyalties in Muslim societies.

Type
Chapter
Information
Collective Liability in Islam
The ‘Aqila and Blood Money Payments
, pp. 119 - 144
Publisher: Cambridge University Press
Print publication year: 2020

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