i l l
HI
H E a r a .
J I H
■ it 3*' i . iliis
1 B O O K LI.
Of M A W A K I L , or the L E V Y IN G of FINES.
I1 : i f r l mAh ; 1
i l l 9
Piw■nm IblHta
m M
fin.t;on of J t/ T A W A K IL is the plural of M'dkola, fignifying a Deyit, or fne
term” ! 10” 0 o f blood-, and Akilas are thofe who pay the fine, which is
termed Akkil and Mawakil, becaufe it reftrains men from fhedding
bl00-d_A kkil (among a variety of other fenfes) meaning refiraint.
The fine in- T he fine for manfaughter, homicide by mij.'adventure, or by an in-
curred by termcdiate caufe, and (in Ihort) for every fpecies of bloodfoed by
fcloodftied i: which fine is incurred, is due from the Akilas o f the flayer, as has
been
been before explained ;— becaufe it is recorded that Haml Ibn Mdlik
had two wives, one of whom flew the other ; and the prophet ordered
the Akilas of the woman who killed the other to pay a fine to the
heirs of the (lain ;— and alfb, becaufe the life o f man is facred, and
therefore not to be taken without penalty *. A perfon, moreover,
who flays another by mifadventure is excufable ; (and fo likewise, a
perfon who commits manfaughter, in confideration of the inflxu-
ment;) and therefore is not liable to punifhment, but is rather entitled
to an alleviation;— and as, i f the whole fine were levied on him, it
might prove utterly ruinous, (which would amount to punifhment,')
his Akilas are therefore aflociated with him in the payment o f it, in
order- that punifhment may be avoided, and the penalty alleviated to
him. The reafon for involving the Akilas in particular is, that the
flayer is accounted to have committed his offence by means of the
flrength of his aiders and aflociates; and, as thofe are'his Akilas, they
therefore, as it were, are guilty of the offence in remitting their vigilance
and, having been thus deficient in their duty, they alone are
aflociated in the fine, and not others.
T h e Akilas o f a man are all thofe who are enrolled with him,
provided he be an enrolled perfon; and the fine is paid [deduced]
from the pay or fubfiftence they receive from the Imam in the courfe
of three years. (By the enrolled is to be underftood the army, whofe
names are entered upon the Divan, or public records.) Shafei
maintains that the fine falls upon the relations o f the flayer; for
fuch was the rule in the time of the prophet, whofe inftitutes cannot
lawfully be broken after having been once eftablilhed; and, if the fine
were levied upon any others than the relations and tribe of the flayer,
it would induce a deviation from the inftitute o f the prophet in this
particular. T h e argument of our dodors is a tradition of Omar, who,
*
V ol. IV.
A rab .— “ and therefore muft not g o for nothing
M m m upoa
due from the
Akilas o f the
flayer.
T h e Akilas o f
a regiftered
perfon are
thofe who are
enrolled with
him;— and
the fine is
taken out o f
their pay, in
three years;