Abstract
Islam gives detailed injunctions not only for individuals
but also for collectivity, and the Constitution of the
Islamic Republic of Pakistan makes it obligatory on State to enable
Muslims to live their individual and a collective life in accordance with
the Islamic teachings. An important aspect of the Islamic way of life is
that individuals and collectivity provide help and support to each other.
This aspect is particularly exemplified by the institution of 'Aqilah', which
was established for sharing the burden of the payment of Diyat. Thus, it
became an essential element of Muslim society, and it gave rise to the
notion of vicarious liability. The present paper explores Islamic Injunctions
on this issue and proposes the establishment of the institution of Aqilah
for better enforcement of the law of Diyat in Pakistan.
Authors
1-Sadia Tabassum: Assistant Professor, Department of Law, International Islamic University, Islamabad, Pakistan.2-Omar Mahmood Wattoo: Visiting Faculty, Department of Law and Shariah, International Islamic University, Islamabad, Pakistan.3-Bakht Munir: Lecturer, Institute of Languages and Linguistics, University of the Punjab, Lahore, Punjab, Pakistan.
Keywords
Diyat, Aqilah, Vicarious Liability
DOI Number
10.31703/gpr.2020(V-IV).01
Page Nos
1-10
Volume & Issue
V - IV
