Are Women Liable for Blood-Money Payment? An Attempt to Modify a .anaf. Rule

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Abstract

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 Shari.a, by the fifth/eleventh century a new opinion appeared in .anafi 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 .anafi 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 .anafis in eastern Iran, and follow the path through which it was incorporated into .anafi standard law. Finally, I estimate the extent to which this opinion did influence .anafi doctrine.

Original languageEnglish
JournalHawwa
DOIs
StateAccepted/In press - 2021

Keywords

  • Shari.a
  • anafi law
  • blood-money payment
  • homicide
  • women

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