Islamic Law and Jurisprudence has described a complete system of Legal capacity. According to the it every Muslim is dressed characteristically with legal capacity, which is honor as well as accountability this is very significant as all the general fortifications in criminal law and ownership of pledged capacity enclosed under this issue. For taking legal capacity there are amount of circumstances that must be satisfied before the law can work for or against a person. Meaning of legal capacity can be derived from Arabic language.
In Arabic, legal capacity denotes as dhimma. It can be said that Dhimma is the superiority by which man develop appropriate for what he is permitted to and what he is issue to”. There are two kinds of Legal Capacity in Islamic Law and Jurisprudence. On is called Respective legal capacity and other is called Active legal capacity. Now here we would define both of them. Respective legal capacity for gaining both rights and responsibilities, e. g a child yet to be born has also some facility which allows him to get. While Active legal capacity means capacity for the exercise of privileges and the liberation of responsibilities. Even Minor cannot go for umrah through Umrah Package without his guardian. Muslim jurists have separated legal capacity into three kinds.
One is Complete respective capacity is found in human being after his birth which makes him qualified for the attainment of all types of rights and responsibilities. Complete active capacity is recognized in human being when he or she reaches full mental growth and obtains the aptitude to distinguish.
Other is called Deficient capacity which means It is that where the foundation of legal capacity is not completely advanced e. g. unborn child, minor. Third is called Imperfect capacity which means where the foundation of legal capacity is present such as being a human and will but some exterior characteristic does not permit the gratitude of the legal cogency of certain performances. E. g. suggestion of woman, slaves etc. There are Natural reasons that affects legal capacity which are beyond the authority of persons.
Minority It is the state or illness of persons after birth and before adolescence. The position of a minor for his performances from the legal point of opinion is the similar in Islamic law as in English law. The performances of minor may be debated under the subsequent heads. For example, Monetary dealings in which A minor can enter into financial dealings, through his protector if it is for his advantage. He is also accountable to any injury caused to another’s possessions, and for the maintenance of the spouses and near kin.
A minor cannot be chastised for his performances which turn into crimes. The Ibadat are not compulsory on the minor. He is not certain to do performances of adoration. Moreover, the legal capacity of an insane person excluding as to performances done in lucid intermissions is affected in the similar way as that of a child without judgement. He has no obligation for ibadat or sentences and all his dealings are annulled. An idiot is a person who is disordered in his language and expresses sometimes like a practical man and some-times like a Foolish. He can be allowed by his protector to assume some dealings.
Ayaz Ahmed Wagho is an experienced and expert author, who is eminent for his outstanding skills in writing about the Umrah Packages and for other rituals of Islam. He is providing his creative services as freelance writer and attached with famous and well known publishers. He has put in black and white his opinions on wide range of subjects.