Natural Reasons That Affects Legal Capacity
These are several causes that are not in control of man. Here we will discuss some natural causes that strongly affect legal capacity.
Minority is the condition or state of a human being before puberty and after birth. The situation of a minor for his acts from the legal point of opinion is the similar in Islamic law as in English law. The performances of minor may be discussed under the following heads. A minor can enter into financial transactions, through his custodian if it is for his advantage. He is also answerable to any damage caused to another’s possessions, and for the preservation of the wives and near relations. A minor cannot be penalized for his actions which turn into offences. The worships are not mandatory on the minor. It means he cannot perform namaz, zakat and Hajj. He even cannot avail Islamic pilgrimage services from London for Muslims. He is not obliged to perform deeds of worship.
The legal capacity of a senseless person excluding as to actions done in lucid intermissions is affected in the same way as that of an infant without discernment. He has no obligation for punishments or worships and all his contacts are annulled. An idiot is a person who is disordered in his speech and speaks sometimes like a functional man and some-times like a Mad. He can be allowed by his protector to assume some dealings. Since man has no authority over sleep and cannot use his minds during state of sleep, consequently he would not be lawfully, accountable, e. g. If a man falls over on a child in sleep and murders him, there is no obligation for punishment. This is a condition of lack of memory which is brought about by nature. A man is not accountable in the substances of right of Allah e. g. eating during fast. Nonetheless he is surely accountable in the matters of right of men e. g. if he produces injury to another person by violating a private right, his lawful capacity will be considered to be unbroken.Del dette: