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RETHINKING THE ROLE OF AQILA INSTITUTION AS SOCIAL SAFETY NET: VICTIM’S HEIRS WELFARE CENTRED APPROACH. Musa Usman Abubakar PhD Candidate School of Law University of Warwick, United Kingdom. Factors to consider in reconstruction of Aqila in modern world .

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RETHINKING THE ROLE OF AQILA INSTITUTION AS SOCIAL SAFETY NET: VICTIM’S HEIRS WELFARE CENTRED APPROACH

Musa UsmanAbubakarPhD Candidate School of Law University of Warwick, United Kingdom

factors to consider in reconstruction of aqila in modern world
Factors to consider in reconstruction of Aqila in modern world

Paradigm shift in social relations has rendered identification by tribal affinity becoming increasingly difficult.

Social relations now defined in employment related language.

- employed, unemployed, unemployable, self-employed, public employee, private employee, etc.

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Cont..
  • Manifestation of new forms of mutual assistance

- taxation

- service provisions as a collective responsibility

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Aqila in historical context

  • -Pre-Islamic Arabian society
  • Hostility and Vengeance
  • Compromises and Indemnity(Diyyah)
  • Role played by Aqila in dousing tribal tension and brokering peace
  • Meaning and Constitution of Aqila
  • Asaba and Pre-Islamic system of Inheritance
  • Asaba as Aqila (Agnatic Male Relatives only) –Excluded: Cognates, Women, Children and Invalids
  • Why?
          • “How could we give the heritage to whom has never ridden the horse and who has never held a weapon and who has never taken part in the battle?“(Adnan,2004:193)
development and transformation of aqila during the life time of prophet
Development and Transformation of Aqila during the Life time of Prophet
  • Radical changes introduced:

- Vengeance spree outlawed

-Individual vs Joint penal responsibility(6:164)

-Woman individuality as Right holder

-Family unit vs Tribal Affiliation (4:164)

  • Aqila as good Arabian custom(Urf) adopted and modified in Islam
  • Joint responsibility premised on public welfare (Maslaha)
umar welfare policies and reconstruction of aqila
Umar, Welfare policies and Reconstruction of Aqila
  • Necessity mother of invention

- Territorial expansion and influx of material resources to the Caliphate

-Cosmopolitan political structure

  • Redistribution Policy
  • Establishment of Diwan
  • Aqila based on brotherhood and professionalism
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Women as Ahl al-Diwan

-Disparity between men and women in State Annual grants

-Exemption of Women and Children from contributing to the common pool as concession based on their low earning

classical scholars discourse on aqila
Classical Scholars Discourse on Aqila

Sunni and Shiite

Mutazilites/Kharijites

Aqila institution is irrelevant on the basis of individual responsibility (6:164)

Individual bears the burden of his actions and inactions

  • Aqila is relevant and is based on public welfare
  • It is an exception to the general rule of individual responsibility
  • It is to assist the perpetrator to liquidate the indemnity i.e. perpetrator centred
  • Women are not contributories to the common pool
states practice
States Practice
  • Literalist/Gloss over syndrome Approach

-Pakistan and Nigeria (some Northern states)

  • Mixed Approach –Sudan
  • Implication of ‘gloss over approach’

- relevance/irrelevance debate

- loss of welfare component on two fronts, i.e. on the perpetrator’s and victim’s sides.

way forward
Way Forward
  • Victim’s family centred approach
  • Citizens as solidarity group
  • Centralised Pooling System
  • Establishment of Accident Victim’s Assistance Fund