نوع مقاله : مقاله پژوهشی
چکیده
کلیدواژهها
عنوان مقاله [English]
This research examines the status of blood money in Islamic jurisprudence and Afghan criminal law, focusing on the institution of the “Aqila.” Blood money in Sharia is a fixed financial punishment that is initially the responsibility of the perpetrator; however, in cases of accidental murder, his or her wife is obligated to pay it. The main issue of the research is that, given social changes, the breakdown of tribal and family ties, and the change in lifestyle from traditional to urban, should blood money for accidental or quasi-intentional murders still be imposed on the Aqila, and is this ruling considered a fundamental principle of Sharia or is it subject to revision? This research, using an analytical-descriptive method and based on library resources, examines the possibility of adapting the traditional definition of the Aqila to contemporary social conditions. The findings of the research show that the historical evolution of the concept of aqila, the differences of opinion among jurisprudential schools in determining the instances and limits of its liability, and the diversity of views on the method of paying blood money, provide the basis for ijtihad and a review of contemporary criminal policy. Based on the results, redefining the institution of aqila in the light of modern Islamic institutions such as cooperative insurance and with a justice-oriented approach can meet the needs of today's society. The research has concluded that within the framework of Islamic jurisprudence, it is possible to design fairer and more efficient mechanisms for securing blood money and supporting the blood money's parents while upholding the principles of Sharia.
کلیدواژهها [English]
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