Is the responsibility for 'Aql (blood money contribution) incumbent upon those absent as well as those present?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The responsibility for 'Aql is incumbent upon both those present and those absent. This is the position held by Abu Hanifa. The evidence is a report indicating equality among the contributors regarding 'Asaba (agnatic kinship) and inheritance, thus necessitating equality in bearing the 'Aql, similar to those present. Furthermore, since it is a ruling connected to 'Asaba, it should be equal for the present and absent, just as inheritance and guardianship are.
Supporting text
Imam Malik holds that only those present are responsible because undertaking the obligation is based on mutual support ('Nasra), which occurs among those present, and distributing the burden among everyone entails hardship. A view from Al-Shafi'i aligns with both preceding opinions.