Provisions of Alaqila in Islamic jurisprudence and Marabi custom, a comparative jurisprudential study

Abstract

This research aims to elucidate the legal rulings of 'aqila (tribal leaders) in Islamic jurisprudence and Ma'rib tribal customs. To achieve this objective, the research utilizes a descriptive approach with both inductive and analytical components, as well as a comparative methodology by examining the opinions of jurists and their evidence, as well as tribal customs in Ma'rib Province. The research is divided into two sections: an introductory section that defines the research terms, and the first section that explores the role of 'aqila in jurisprudence and Ma'rib customs, highlighting the points of agreement and disagreement between Islamic jurisprudence and tribal customs. The second section focuses on the methods of imposing the diya by 'aqila, and reveals the extent of agreement or divergence between Islamic jurisprudence and Ma'rib customs in this regard. The research arrives at several findings, including that the tribal custom defining 'aqila as armed members of the tribe has a basis in Islamic law, and that the custom imposing a fixed diya consisting of three payments aligns with the views of reputable jurists. Similarly, the custom mandating immediate payment of the diya also finds support in Islamic law. Furthermore, all customs agree that 'aqila bear the responsibility of paying the diya in cases of accidents, which is in accordance with scholarly consensus. However, the custom allowing 'aqila to bear the intentional diya is contrary to Islamic law. The researcher recommends that experts of tribal customs in Ma'rib revise and validate tribal customs, adopting those that align with Islamic law while discarding those that contradict it. Additionally, the researcher suggests that the state legislation and document tribal customs to prevent abuse by tribal leaders.