The 'Aqīqa in Islamic Law: A Reconsideration
JONATHAN P. BERKEY
DAVIDSON COLLEGE
THE 'AQĪQA IS A SACRIFICE PERFORMED ON BEHALF OF A NEWBORN CHILD, usually on the seventh day after birth. It is a well-known ritual among Muslims, and has been practiced since the earliest days of Islam. The rite involves the slaughter of an animal (usually a sheep or goat), the shaving of the infant's head, and the giving of a name to the child.
Despite its widespread acceptance and practice, the 'aqīqa has received relatively little attention from scholars of Islamic law. This article seeks to fill that gap by examining the legal status of the 'aqīqa in classical Islamic jurisprudence. It will argue that while the 'aqīqa is generally considered a recommended act (mandūb), there are significant differences of opinion among the various schools of law regarding its precise legal classification and the circumstances under which it should be performed.
The study will begin with an overview of the primary sources for the 'aqīqa, including hadith literature and early legal texts. It will then proceed to analyze the views of the major Sunni schools of law (Hanafi, Maliki, Shafi'i, and Hanbali) as well as the Shi'i Imami school. Special attention will be paid to the debates surrounding the obligation of the 'aqīqa, the type of animal to be sacrificed, and the distribution of the meat.
By re-examining the 'aqīqa through the lens of Islamic legal theory, this article aims to provide a more nuanced understanding of this important ritual and its place within the broader framework of Islamic family law. It will also highlight the diversity of legal thought on the subject and the ways in which different jurists have interpreted the prophetic traditions related to the 'aqīqa.
I would like to thank Wael Hallaq, Baber Johansen, and Michael Cook for their helpful comments on earlier drafts of this paper. Any errors that remain are, of course, my own.