ضمان عاقله از دو منظر توجيهي و انتقادي

" The Law of `Agilah " from Two Perspectives of Critical and Justifiable

By the term "aqilah " from the viewpoint of Islamic fuqaha means those who were living in a big family or tribe. After the advent of Islam "the law of "aqilah", with little change, was confirmed, for this law was in harmony with the tribal life of those days. The articles 305 - 314 of the "law of the Islamic penalty" contains "the law of "aqilah ". A question may arise whether this law was confirmed by Islam for all periods and societies. Some of fuqaha and Islamic jurists criticize this law, while some of them defend it. This article tries to study this issue comparatively from the viewpoints of the fuqahca and Islamic jurists.