الجنون و ما يشتبه به و أثره في التكليف

الملخص EN

Reasoning(Al-'aql) is the essence of legal capacity with which man can understand divine discourse and form his intention to perform the obligations.

Therefore, people who are insane are exempted from religious obligations due to the ence of reasoning.

The child is also legally incompetent as he hasn't not reached the level of reasoning in which s/he can understand the discourse.

His confession and transactions are not valid
even if they are approved by his guardian.

Likewise, retribution and Hudud (fixed penalties) are not applicable for him as reasoning is a prerequisite of their implementation and because the prescribed punishment are averted due to uncertainty, hence averting it due to insanity is more worthy.

As for Ta'zir ( punishment left to the discretion of the judge) is not to be implemented on the insane since it is meant as a method of discipline, and he is not aware of that.

Therefore there is no purpose or need in implementing it upon him.

The mentally retarded also should be interdicted of his financial and legal capacity to maintain his interest.

Idiocy is the lack of mind and reasoning which is a natural disease that inflects human after reaching puberty.

The difference between idiocy and insanity is that idiocy leads to a lack of cognition only, although may remain inherent to the person.

The rules of the one who suffers idiocy are like of the discerning child, deserves full obligations capacity but partial performance capacity.

i.

e.

His pure beneficial actions are valid such as acceptance of the gifts and wills, but harmful actions are invalid, such as divorce and offering gifts.

As for the actions that round between benefit and harm, such as sale and purchase depends on the permission of his guardian.

Fainting is a sudden temporary loss of consciousness that affects the human being, influencing the concerned rulings, it has nothing to do with the ability and choice of the person.

Thus, it is a Force Majeure.

A fainted person will take the same ruling of sleeper's sayings.

therefore, he is not entitled to sell, buy, marry or divorce.

If the sleeping person slips over another man causing his death, then his family must pay the Diyyah to the victim's family, and they must pay the financial guarantee if he damages the property of others.

Death illness is an abnormal case in the human body, which in turn creates a scourge in the mind.

As illness causes death by a tandem of pains, hence death is a cause of disability.

And it invalidates the capacity of owning property, thus the near kin inherit his property, and debtors will recover their rights from that property, so the right of the debtor and the heir in the property of the patient is immediate right; Because that illness caused death, and death is the cause of that succession.

Thus, the rule is based on the first cause i.

e.

death illness.

Consequently, depriving the patient of death illness of his legal capacity is obligatory to maintain the rights of debtors and heirs.