The consequences of acquired effects of eligibility in Islamic law
DOI:
https://doi.org/10.63810/Parj.vo10i34.202الكلمات المفتاحية:
اکراه، احکام شرعی، اهلیت، خطاء، سَفَه، سُکر، عوارض اکتسابی.الملخص
Abstract The characteristic of competence in Islamic jurisprudence means a person's competence to be entitled to legal rights that are incumbent upon him. Acquired complications challenge the normal states of man, namely, consciousness, awareness, and freedom. For this reason, questions are always raised about what effect these complications have on the competence of a Muslim man. In this article, the author, with the aim of finding answers to such questions, has examined the theories of the jurists of the religions using a descriptive-analytical method and has found that: There are 6 types of acquired complications. Such as ignorance, intoxication, joking, etc., which have different effects. For example, joking occurs in matters of news, belief, and construction, which have different effects according to jurists. Absurdity does not negate any type of capacity. However, it is effective in financial transactions. Travel also does not negate any type of capacity, whether it is worship or otherwise, but rather it causes mitigation. A mistake that is the opposite of intentional, whether it is in the rights of Allah or the rights of the servants, does not negate any capacity, but rather it is an excuse. According to the Sunnis, unlike the Mu’tazilites, from a rational point of view, retribution is permissible due to a mistake. Therefore, in the case of the fall of the right of Allah, such as the limits and..., there is an excuse, but in the case of the rights of the servants, there is no excuse. Reluctance in itself is not contrary to any type of eligibility, but it affects some rulings. Keywords: Reluctance, Sharia rulings, eligibility, mistake, absurdity, intoxication, acquired effects.
