Abstract

This article examines the concept of “ahliya” in the context of Islamic Sharia, clarifying its meanings and types, as well as establishing requirements for recognizing a person as incompetent or partially capable. In the Islamic legal system, right capacity and deed capacity mean the ability of an individual to perform legally significant actions, bear responsibility and participate in legal relations. Islamic Shariah approaches this issue by taking into account a person's ability to understand and fulfill his duties. The analysis includes consideration of various characteristics, such as intelligence, psyche, age, as well as the study of temporary factors affecting deed capacity. The ability of mentally retarded, insane persons or children of reasonable age tamiiz (7 years) is determined. A decision regarding a person's incapacity or limited capacity status may be made by a court or made by the person based on their abilities. Restrictions may arise due to random circumstances beyond the control of a person, or they may be acquired by the person himself. The fact that right capacity comes to a person at birth, and deed capacity comes at the time of intellectual maturity or puberty, indicates that the rights and responsibilities of a person change over time. Scholars of jurisprudence establish rules governing the human condition from birth to death, demonstrating the importance of this issue in Islamic Sharia. The authors of the article adhere to the point of view according to which a person’s ability is influenced by both mental and physical state, these changes are observed at every stage of his life. It is noted that the fact that rights and deed capacity do not appear immediately, but gradually increase, indicates the need to take into account not only the intellect and condition of a person, but also his age, intelligence and human character.