The concept of “Aqila ” in light of the development of contemporary social life between Islamic jurisprudence and Libyan criminal legislation

Abstract

The Supreme Court’s judgment, under commenting is to overturn the judgment. Hence, obligating the offender’s Aqila to pay the blood money was appropriate judgment because obligating the offender to pay the blood money from his own money contradicts the Law of Retaliation and Blood Money No. (6) issued in 2002 regarding retribution and blood money.( People who have ethnical relationship or relationship of cooperation and help with an unintentional killer. They are legally obliged to bear blood money along with the killer).

It should be noted here that the offender’s Aqila who bear the blood money for manslaughter in Islamic law does includes three entities: Social Insurance, Kinfolks, and the Treasury. If we go beyond the treasury, because determining its obligation is only a matter of precaution, then the concept of Aqila is in fact limited either to the Social Insurance or to Kinfolks. The judgments of the Supreme Court in our country have established that what is meant by Aqila who bears the blood money for manslaughter is the perpetrator’s kinfolks. Disagreement exists among Sharia jurists over the order between Social Insurance and kinfolks, whichever comes first. According to the Hanafis and Malikis, Social Insurance takes precedence over kinfolks because support nowadays is achieved through Social Insurance. Due to the weakness of kinfolk bond, for them, it is an alternative to Social Insurance. Hence, it is not permissible to resort to it except when Social Insurance is not affordable. For other jurists, kinfolk is the origin.

The Hanafi jurists expanded the concept of Social Insurance to include every homogeneous group that receives a donation from the public treasury. Hence, the concept of the Social Insurance includes professionals such as employees of the basic and university education sector, doctors, engineers, craftsmen, and others. This is what the researcher believes should be adopted in Libyan legislation because kinfolk is not fit to bear blood money at this time due to the weakness of the ties between one family and the lack of support among them.

Keywords:

Blood Money, Aqila, Kinfolks, Social Insurance, Public Treasury.