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Document Four Dissociation From Blood Group’s Liability On Individual’s Initiative (1963)

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Chapter Summary

This chapter records two cases in which members of a blood group (ʿāʾila) publicly announce, on their own initiative, their decision to dissociate themselves from the blood group. In consequence of this act, they are not bound in any way by liability to their blood group. In absence of an explicit statement as to the motives underlying this unilateral act, it is reasonable to surmise that the blood group may have found itself entangled in disputes entailing heavy financial outlays, alternatively, in situations exposing the blood group to acts of blood vengeance on what appeared to some members to be an intolerable scale. Under the sharīʿa, blood money is due in its entirety to the victim's sharʿī legal heirs, whereas, under tribal customary law a mere portion of it is allocated to victim's close relatives, the bulk being assigned to the members of the blood group according to specific criteria.

Keywords: ʿāʾila; blood group; dissociation; initiative; legal heirs; liability; publicly announce; sharīʿa; sharʿī; victim



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