The Legally Accountable Person: Conditions and Stages of Legal Capacity in Islamic Jurisprudence
المحكوم عليه : شروط وأدوار الأهلية في التشريع الإسلامي
Keywords:
Islamic Jurisprudence, Legal Capacity (al-Ahliyyah), Mukallaf, Religious Obligations (Takl?f), Stages of Legal ResponsibilityAbstract
In Islamic jurisprudence, a person becomes legally accountable (a mukallaf) and subject to religious obligations only upon meeting two core conditions: reaching puberty and being of sound mind. This responsibility is structured around two types of legal capacity: the Capacity for Obligation (the basic right to have rights, granted from birth) and the Capacity for Action (the legal validity of one's deeds, which develops over time). This framework unfolds across four life stages: the prenatal stage (limited rights), infancy (rights managed by a guardian), the age of discernment (partial validity for actions), and finally adulthood, where full mental and legal competence is achieved, making one fully responsible. The system humanely addresses exceptions, exempting the insane or intoxicated from direct duty and placing financial responsibilities for children's wealth upon their guardians. Ultimately, Islamic law demonstrates its profound justice by meticulously aligning religious responsibility with an individual's natural physical and mental development.
References
Al-Ihkam by Al-Amidi (1/199)
It applies to all those who are legally responsible, without exception.
Puberty is determined by age—which is fifteen years for both males and females according to the majority—or by the well-known physical signs on the bodies of young men and women, such as nocturnal emissions and menstruation. This is based on the principle of considering the cause as the effect.
Evaluating the Evidence in the Principles of Islamic Jurisprudence (p. 420)
Explanation of Al-Talwih on Al-Tawdih for the Text of Al-Tanqih in the Principles of Islamic Jurisprudence (2/333)
The Discerning Child: He is the one who understands speech and responds. This is not determined by age but varies according to the degree of understanding. Its explanation will follow... Al-Mutla' 'ala Abwab Al-Muqni' (p. 51), Al-Sawi's Commentary on Al-Sharh Al-Saghir (3/305)
Sunan Abi Dawud - Verified and with Al-Albani's Commentary (4/245)
Sahih Ibn Hibban with the Complete Commentaries of Al-Arna'ut (1/355)
[An-Nisa': 43]
That is: If you intend to pray, do not be intoxicated... Al-Tafsir Al-Munir by Az-Zuhayli (5/82)
[Al-Ma'idah: 90-91]
[Saba': 28]
[Al-Anbiya': 107]
[Al 'Imran: 104]
Sahih Al-Bukhari - According to the numbering of Fath Al-Bari (2/ 216)
Al-Dumi, Abdul Qadir, Nuzhat al-Khatir al-Atir 1/138
Sunan Abi Dawud - verified and with commentary by Al-Albani (1/185)
That is, his eligibility to make a claim, meaning that he can be made a claim and have something demanded of him, whether directly or through someone who has guardianship over him.
That is, specifically regarding the fetus until birth.
Provided that it is born alive.
Al-Sarakhsi, Usul al-Sarakhsi 2/333, Al-Bukhari, Kashf al-Asrar 4/397
Al-Zarqa, Al-Madkhal al-Fiqhi al-Aam 2/785
The meaning of discernment is that he reaches a state where he can distinguish between good and evil, benefit and harm, and understands the meanings of words and their general intent. He understands that selling transfers ownership of property to another, and buying does the opposite. The stage of discernment usually begins around the age of seven and continues until puberty and the attainment of reason.
Before the age of discernment, a child is considered legally incapable of legal action.
Because he is neither mentally deficient nor incapacitated, his intellectual weakness or deficiency makes him subject to the same legal ruling as a discerning child.
Provided he is born alive.
(Al-Sarakhsi, Usul al-Sarakhsi 2/333; Al-Bukhari, Kashf al-Asrar 4/397)
Therefore, his marriage is invalid, his divorce is not valid, and his buying and selling are not binding.
Based on the Prophet's saying (peace and blessings be upon him): "Command your children to pray when they are seven years old..." Sunan Abi Dawud - verified and with Al-Albani's commentary (1/185)
As he is in a better position than him.
Moreover, he is not prevented from inheriting if the deceased was his heir.
[Al-An'am: 152]
This is fifteen years for both males and females according to the majority, and eighteen years for males and seventeen years for females according to Imam Abu Hanifa... Sharh al-Mu'tamad, p. 100
Such as nocturnal emission and menstruation.
