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Questions and Answers
Which factor is NOT considered a principal element for the capacity of performance?
Which factor is NOT considered a principal element for the capacity of performance?
Which of the following best describes the significance of puberty in capacity of performance?
Which of the following best describes the significance of puberty in capacity of performance?
What does the term 'intellectual standard' refer to in the context of the capacity of performance?
What does the term 'intellectual standard' refer to in the context of the capacity of performance?
In evaluating performance capacity, which combination of elements is primarily considered?
In evaluating performance capacity, which combination of elements is primarily considered?
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Why is intellectual standard included as an element of capacity of performance?
Why is intellectual standard included as an element of capacity of performance?
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What term refers to a person who is easily deceived?
What term refers to a person who is easily deceived?
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Which term is opposite to safih?
Which term is opposite to safih?
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Which of the following describes a person who manages their wealth properly?
Which of the following describes a person who manages their wealth properly?
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Which term indicates the opposite of extravagance in wealth management?
Which term indicates the opposite of extravagance in wealth management?
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What does rushd signify in the context of mental capability?
What does rushd signify in the context of mental capability?
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What type of contracts is he allowed to perform without permission from his guardian?
What type of contracts is he allowed to perform without permission from his guardian?
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Which type of contracts requires the permission of his guardian?
Which type of contracts requires the permission of his guardian?
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Why might he be restricted from entering harmful contracts?
Why might he be restricted from entering harmful contracts?
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What is the significance of guardian permission in this context?
What is the significance of guardian permission in this context?
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If a contract is in his interest, what implication does it have regarding guardian involvement?
If a contract is in his interest, what implication does it have regarding guardian involvement?
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What is the age requirement for a person to enter into contracts of sale and purchase?
What is the age requirement for a person to enter into contracts of sale and purchase?
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Which of the following best describes 'Obstacles to Capacity'?
Which of the following best describes 'Obstacles to Capacity'?
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Which of these actions can a person of majority age legally perform?
Which of these actions can a person of majority age legally perform?
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What is NOT considered an obstacle to capacity?
What is NOT considered an obstacle to capacity?
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Which statement about capacity to enter contracts is TRUE?
Which statement about capacity to enter contracts is TRUE?
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What is required for a commercial transaction to be executed?
What is required for a commercial transaction to be executed?
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Who is not allowed to deal with his property himself according to the types of Sufha?
Who is not allowed to deal with his property himself according to the types of Sufha?
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Which of the following statements about Sufha is true?
Which of the following statements about Sufha is true?
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What happens to a commercial transaction if the judge does not approve it?
What happens to a commercial transaction if the judge does not approve it?
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What distinguishes the two types of Sufha?
What distinguishes the two types of Sufha?
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How does intoxication affect a person's decision-making ability?
How does intoxication affect a person's decision-making ability?
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What is the general stance of the majority of Fiqh Schools regarding contracts made by an involuntarily intoxicated person?
What is the general stance of the majority of Fiqh Schools regarding contracts made by an involuntarily intoxicated person?
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Which of the following best describes involuntary intoxication?
Which of the following best describes involuntary intoxication?
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What is a potential consequence of a person being intoxicated, whether voluntarily or involuntarily?
What is a potential consequence of a person being intoxicated, whether voluntarily or involuntarily?
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Why is the validity of contracts made by intoxicated individuals generally questioned?
Why is the validity of contracts made by intoxicated individuals generally questioned?
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Study Notes
Contracting Parties
- The contracting parties are the individuals who express the 'ijab' and 'qabul'.
- For a valid contract, these parties must have legal capacity ('ahliyyah').
Definition of Ahliyyah
- 'Ahliyyah' literally means capacity or competence.
- Technically, 'ahliyyah' refers to the eligibility of a person to establish rights and obligations for themselves.
Types of Capacities
- Muslim jurists recognize two types of capacity:
- Receptive (passive) capacity ('ahliyyah al-wujub'): The ability to receive rights and obligations. All living humans possess this.
- Active capacity ('ahliyyah al-ada'): The ability to manage one's wealth, exercising rights and taking on obligations according to Islamic law.
Types of Receptive Capacity ('Ahliyyah al-Wujub')
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Incomplete Receptive Capacity: Allows a person to receive only rights, not obligations. This applies to a fetus.
- A fetus is entitled to certain rights, including inheritance, a share in a will, and a share in a 'waqf' (religious endowment).
- These rights are dependent on the fetus being born alive.
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Complete Receptive Capacity: Allows a person to receive both rights and obligations. This is acquired after birth and lasts until death.
- Children receive rights and obligations through their guardians.
- They can enter contracts through their guardians.
- They have obligations regarding payment of zakat (charity tax) and compensation for damage to others.
Active Capacity ('Ahliyyah al-Ada')
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Incomplete Active Capacity: Applies to a child between the ages of 8–puberty.
- A child in this age group may receive rights and obligations dependent on the ability to distinguish between good and bad (e.g., 'sabi al-mumaiyz')
- Contracts entered into by an incompletely capable child are void without the permission of a guardian.
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Complete Active Capacity: Applies upon reaching puberty and attaining intellectual maturity.
- This allows a person to enter contracts independently without guardian permission.
- The principal elements are puberty and intellectual capacity. The capacity to distinguish useful from harmful/unprofitable actions.
Obstacles to Capacity
- Several factors may limit a person's capacity to enter into contracts:
- Insolvency (or bankruptcy) occurs when a debtor's debts exceed their assets
- Contracts entered into by an insolvent person are generally not valid unless the court approves them.
- Court may sell assets to distribute proceeds to creditors.
- Insanity: A person lacking the mental abilities for a rational decision
- Contracts made by an insane person are invalid.
- Idiocy: A person whose decisions and behaviour are inconsistent
- Contracts entered into by an idiot may depend on whether they are harmful or not.
- Unconsciousness: A diseased state affecting one's ability to think
- Contracts made while unconscious are invalid.
- Intoxication: Voluntary or involuntary, impairing rational decision-making.
- Voluntary intoxication results in invalid contracts. However, involuntary intoxication may make contracts invalid depending on the legal school of thought.
- Prodigality (Spending one's wealth wrongly): A person who wastes their wealth in an irresponsible manner
- A court might appoint a guardian to manage that person's property.
- Insolvency (or bankruptcy) occurs when a debtor's debts exceed their assets
Mortal Illness
- A strong likelihood of death due to a severe illness
- A person suffering from mortal illness may still make certain contracts such as waqfs, donations or gifts to heirs and non-heirs, but such contracts are limited to one-third of one's wealth.
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Description
This quiz covers the fundamental principles of contracting parties in Islamic law, including the concepts of 'ijab' and 'qabul'. Learn about legal capacity ('ahliyyah'), its types, and how they apply to the validity of contracts. Test your understanding of these essential topics related to rights and obligations in Islamic legal framework.
