Are Women Liable for Blood-Money Payment?: An Attempt to Modify a Ḥanafī Rule
Against the view that only men are liable for blood-money payment due for homicide, which goes back to pre-Islamic custom and was adopted by the Sharīʿa, by the fifth/eleventh century a new opinion appeared in Ḥanafī doctrine. According to this opinion, women who perpetrated a homicide were required...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Published: |
2023
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| In: |
Hawwa
Year: 2023, Volume: 21, Issue: 2, Pages: 192-211 |
| Further subjects: | B
Women
B Ḥanafī law B Homicide B blood-money payment B Sharīʿa |
| Online Access: |
Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Summary: | Against the view that only men are liable for blood-money payment due for homicide, which goes back to pre-Islamic custom and was adopted by the Sharīʿa, by the fifth/eleventh century a new opinion appeared in Ḥanafī doctrine. According to this opinion, women who perpetrated a homicide were required to pay a share of the blood money due. Examining the context of this opinion in Ḥanafī literature, I suggest that it reflects the jurists’ tendency to put more weight on the Islamic principle of individual responsibility, regardless of gender. I propose that this opinion developed among Persian Ḥanafīs in eastern Iran, and follow the path through which it was incorporated into Ḥanafī standard law. Finally, I estimate the extent to which this opinion did influence Ḥanafī doctrine. |
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| ISSN: | 1569-2086 |
| Contains: | Enthalten in: Hawwa
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| Persistent identifiers: | DOI: 10.1163/15692086-bja10029 |
