Aqilahh عاقلہ in Islam: Meaning, Necessity and Rules

Abstract

Human being is ambitious by nature and he wants that his each and every ambition may be accomplished as he desired. Allah has commanded in the Holy Quran:  ام للانسانِ ما تمنیٰ“Or is there for man whatever he wishes?”[i] It is not possible for human being to receive whatever he wanted to. Allah has ordained His commandments to human beings through His prophets and particularly through his Last Messenger Hazrat Muhammad (peace be upon him) to the entire world till dooms day.  Human being is not perfect by nature so he is also not perfect in his desires and decisions. Human being has a priority in each decision in his favor. In such priorities, human being commits harm and cause loss to others to accomplish the desires and dreams to be true. By doing so, he commits such acts due to intention, negligence or unintentional acts which cause loss to others. Such acts, sometimes, amount to the loss of life of other person. The act done with full consciousness intention and preparation, then it is called Amd in Islamic jurisprudent and Shariah and other acts; done unintentional, are called Khata or Bis-sabab (unintentional act or by reasons of something else). In either cases; intentional or unintentional acts, the loss should be compensated. Islam has formulated such rules derived from the Holy Quran and Sunnah of the Holy Prophet (peace be upon him). In case of loss of life, limb or loss of effective activity of a limb or more (injuries to human body), the Shariah has ordained rules which include Qisas (retribution), Diyat( blood money) and AFW (forgiveness by victim or heirs of victim). These rules are exceptions to general rules and are blessings of Allah (SWT) as mentioned in the Holy Quran that : O ye who believe! The law of equality is prescribed to you in cases of murder the free for the free, the slave for the slave, the woman for the woman. But if any remission is made by the brother of the slain, then grant any reasonable demand and compensate him with handsome gratitude, this is a concession and a mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty[ii]. It is because of the previous nations as Bani Israil (Jews) and Nasara (Christians) were not bestowed such remissions simultaneously in case of offence of injuries and murders. Bani Israil (Jews) were ordered Qisas only but no Diyat or Afw whereas Nasara (Christians) were given permission of Afw only but no Qisas or Diyat. As compared to them Muslims were given three possibilities in case of loss of others so that the enmity and grudge may be settled down between parties amicably or by way of Qisas[iii]. These rules have been proved to be a source of stability in the Muslim society. Qisas and Diyat laws introduced in Pakistani legal system and certain amendments were introduced in the penal and procedural laws and rules were framed for the said purpose. The Islamic concept of security to the human being is far lasting and is secured in each and every manner. Concept of Aqilahh is one of those securities provided in Islamic law. The loss of human being should not go vain in any manner whatsoever.  

https://doi.org/10.5281/zenodo.10519606