Legal capacity (dhimma in Arabic) refers to “a description presumed in a person rendering such a person a possible candidate to receive a legislative injunction”. Al-Sabouni defines legal capacity as “the ability of a person to oblige, be obliged and conduct one’s affairs by oneself”.
What is legal capacity in Islamic law?
Legal capacity, which is also called dhimmah in Islamic jurisprudence, is the fitness of the person by which his actions come under the operation of the law. It is the quality in the individual by which he or she may be entitled to certain rights and becomes liable for the duties.
What is defective legal capacity?
If a person’s legal capacity is defective one, he/she will not be fit for application of law to his/her acts. The reason is that application of law is only possible to his/her acts when his/her legal capacity is not defective one.
What capacity means in law?
The ability, capability, or fitness to do something; a legal right, power, or competency to perform some act. An ability to comprehend both the nature and consequences of one’s acts. Capacity relates to soundness of mind and to an intelligent understanding and perception of one’s actions.
What constitutes complete capacity and deficient capacity Islamic jurisprudence?
Complete active capacity is established in human being when he or she attains full mental development and acquires the ability t discriminate. (II) Deficient capacity. It is that where the basis of legal capacity is not fully developed e. g. unborn child, minor.
How many types of legal capacity are there?
Legal capacity Legal capacity is primarily divided into two types: capacity to receive or inhere rights and obligations, and capacity for the active exercise of rights and obligations. The former may be described as `receptive legal capacity’, and the latter as ‘active legal capacity’.
What is Ahliyah?
Literally-means capacity or competence. Technically-it has been defined by muslim jurists as “the eligibility of a person to establish right for an obligation open himself”
Who can not enter into a contract?
Minors (those under the age of 18, in most states) lack the capacity to make a contract. So a minor who signs a contract can either honor the deal or void the contract. There are a few exceptions, however. For example, in most states, a minor cannot void a contract for necessities like food, clothing, and lodging.
What is Istishab Islam?
Istishab (Arabic: استصحاب transl. continuity) is an Islamic term used in the jurisprudence to denote the principle of the presumption of continuity. It is derived from an Arabic word suhbah meaning accompany. It is one of the fundamental principles of the legal deduction that presumes the continuation of a fact.
What is ownership in Islamic jurisprudence?
In Islam, al-milkiyyah (ownership) refers to the legal relationship between a human being and property that renders the property specifically attached to him. This relationship confers upon the owner the right to deal in that property in the absence of a legal impediment to a specific dealing (Al-Zuhayli, 2003b).
What is capacity of a person?
In this Toolkit capacity is a legal word. A person who has capacity is able to make decisions about things that affect their daily life, such as: … matters that have legal consequences, including: making a will, getting married, entering into a contract, having medical treatment.
What is mental capacity?
Having mental capacity means being able to make and communicate your own decisions.
What capacity means?
In what capacity means what position did you occupy. In other words were you employed in the capacity of a manager or a caretaker.
What is required for an Islamic marriage?
Islamic marriages require acceptance, in Arabic: قُبُوْل qubūl, of the groom, the bride and the consent of the custodian (wali) of the bride. The wali of the bride is normally a male relative of the bride, preferably her father.
What is Mahal al Aqd?
A contract has to have a place or reference (mahal al-‘aqd) which is the subject matter of the contract. The place of reference in contract is its subject matter which is the place of application of its rule and which does not go against its purpose.
What is the meaning of ijab and qabul?
Arabic (إيجاب وقبول) for offer (ijab or ‘ardh) and acceptance (qabul); the two essential elements of a contract (aqd) in Islamic financial and trading transactions. Ijab signifies the willingness of a party to enter into a binding contract (contractual agreement) with another.