Does the extended family (aqila) or the brother alone bear a financial penalty of 120,000 Egyptian pounds, resulting from his firing a gun and injuring his opponent, causing a disability in his leg, knowing that this occurred after he attacked his in-laws' home and forcibly took his grandson, and that the brother's daughter (the boy's mother) and his ex-wife (the girl's mother) are married to other men?
It appears that the brother intentionally committed the felony, and he alone must bear the consequences. The 'Aqilah (agnatic relatives) bear no responsibility unless they wish to, because Islamic law does not obligate the 'Aqilah for consequences resulting from intentional acts. Al-Bayhaqi narrated from Ibn Abbas: "The 'Aqilah do not bear responsibility for intentional acts... unless they wish to." And in "Al-Rawdh al-Murabba'" and "Al-Sharh al-Kabir," it is stated that the 'Aqilah do not bear responsibility for purely intentional acts, because the perpetrator of an intentional act is not excused and therefore does not deserve sympathy. The ruling of the customary court is binding as long as it does not contradict Islamic law.
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