The Time of the 'Aqilah' مقاله

خلاصه ماشینی:

The Time of the 'Aqila' Mustafa Jabbari* Assistant Professor, Department of Islamic Jurisprudence and Law, Faculty of Humanities, Semnan University (Date Received: 1391/4/32 - Date Approved: 1391/11/21) Abstract: Articles 413 to 503 of the Islamic Penal Code are dedicated to the ‘Aqila’: defining the ‘Aqila’, the responsibility of the ‘Aqila’ for paying the blood money (Diyya) for unintentional manslaughter, cases where the Diyya will be incumbent upon the ‘Aqila’, and so on. Some Iranian Muslim intellectuals, even before the revolution and before jurisprudence took the form of law, also had a fundamental question about some jurisprudential issues: Can ancient jurisprudence, with its same structure and previous answers, bear the burden of today's modern society and solve modern issues in the fields of economics, politics, insurance, industry, medicine, and so on with the same ancient method? Prior to this writing, which was written around 1341 AH, the work of the late Allama Muhammad Iqbal Lahori was first published in Lahore in 1391 (seventy-seven years ago), and it discussed the theoretical foundations and the possibility of transforming jurisprudence: “The question that Turkey is facing today, and that other Muslim countries will likely face in the near future, is whether Islamic jurisprudence is capable of transformation and evolution? Such a perception is correct with regard to pure acts of worship, but with regard to transactions and social behaviors of people and laws and orders related to regulating their mutual behaviors, it will be met with a serious question: In the fact that the Sacred Lawgiver accepted such a guarantee based on the prevailing custom of Arab society and undoubtedly such a decision was also in accordance with the “benefit of early Islamic society,” there should be no dispute.