I f, between
the offence
and the decree,
the offender's
Akilas
be changed,
the decree
mart if-
fue again ft
his la^.Akilas.
I f an inhabitant of Koofa, having his pay appointed to him in Koofa,
kill a perfon, and he be after that regiftered and have his pay appointed
to him at Bafra, and the matter be referred to the Kdzee, he muft im-
pofe the fine upon the Akilas who are of Bafra.— Ziffer maintains that
he muft impofe it upon the Akilas who are of Koofa; (and fuch alfo
is the opinion of Aboo Yoofaf;) becaufe as the offence, which is the
occafion of the fine, was committed at a time when the people of
Koofa were the offender’ s Akilas, it is confequently due from them,
not from the people of B afra; in the fame manner as if the regiftry of
the offender in the rolls of Bafra had taken place fubfequent to the
Kdzee' s decree. The argument of our dodtors is that the fine is due
only in confequence of the Kdzee s decree, and accordingly falls upon
thofe who are the Akilas at the time o f palling the decree. It is otherwife
where the offender becomes regifteredin Bafra after paffing the decree;
for then the fine falls upon thofe who were the Akilas at the time of
iffuing it, namely, the people of Koofa ; becaufe, as it was by the decree
rendered obligatory upon them, it cannot afterwards devolve upon
others, fince a fine cannot devolve after being once eftablifhed. The
offender’s proportion, however, is taken from his pay at Bafra', for
his fhare is deduced from his pay, which he then feceives:,at
Bafra.
O b j e c t i o n .— If, after the decree, a diminution were to take
place in the number of the Akilas, thofe would be affociated with
them who are neareft in point of connexion, notwithftanding this be
a devolution of the fine, from the Akilas, as they flood at the time of
the decree, upon others.— Now, if the cafe be as here ftated, how
can fuch a devolution take place ? >
R e p l y .— T h e affociating of others, as here mentioned, is a confirmation
of the decree, not an annulment o f i t ; for in confequence of
fuch affociation the number of thofe who are to pay the fine impofed
by the decree is increafed. It is otherwife in the cafe in queftion ;
for there the devolution would amount to an annulment of the
decree..
— Accordingly,
.—Accordingly, i f the refidence of the flayer be at Koofa, and he have
no pay appointed to him, - and he take up his refidence at Bafra before
the Kdzee's decree o f fine has ifliied, the Kdzee muft in that cafe decree
it to be paid by the-people of Bafra;— whereas, i f he had taken up
his refidence in that place fubfequent to the decree having iffued, the
decree would not revert. In the fame manner alfo, if an inhabitant of
the defert commit homicide, and the fovereign afterwards appoint him
pay in any particular regifter. previous to the Kdzee's decree of fine, the
Kdzee muft decree the fine upon thofe with whom he is regiftered
whereas, if the regiftry took place fubfequent to a decree paffed by the
Kdzee againft his Akilas of the defert; the decree could not revert.
This is contrary to where one of the inhabitants of the defert, to whom
no pay has been appointed, commits homicide by mifadventure ; and
the Kdzee iflues a decree of fine, to be paid from their property in
three years; and afterwards the fovereign takes them into his army
and appoints them pay;— for in this cafe they are to account for the fine
out of their pay, notwithftanding the decree had ordained it out of
their property ; becaufe here the decree i6 not, in fadf, annulled,
fince their pay is alfo their property, and the payment from that is
more eafily effedted than from their other poffeffions. .
T he Akilas of an emancipated flave are the family and kindred of
his emancipator, they being confidered as his aiders and afififiants ;—
and in the fame manner, the Akilas of a client under a contradt of
Mawd/at* are his patron j-, and the kindred of his patron, as thofe
are his afliftants.
* See V o l. I I I . p. 448 .— T h e client under a contradt o f Ataw alat is, generally, a
profelyte, adopted b y the perfon to whom he owes his converlion to the fa ith ; and the law
thus provides him Akilas, as he Hands unconnected with the Mnjfulman community other-
wife than b y the contradt o fM aw a la t.
t The perfon who has adopted him.
Examples
and rules to 1
be .obferved
in this in-
dance.
The 'Akilas
o f a freed-
man. o r .c li-’
ent, are. his
emancipator’s
or patron’s
family.
N n n 2 A n y