Mental Disability in Islamic Jurisprudence from a Moral Perspective | ||
| Bulletin of The Faculty of Languages & Translation | ||
| Article 12, Volume 15, Issue 2, July 2018, Pages 379-411 PDF (450.03 K) | ||
| Document Type: Original Article | ||
| DOI: 10.21608/bflt.2018.58412 | ||
| Author | ||
| Muḥammad Fawzy ‘Abdel-Hay | ||
| Faculty of Languages and Translation Department of Islamic Studies in Foreign Languages | ||
| Abstract | ||
| This paper examines the juristic stand concerning people with mental disability and presents a brief account of the literary and juristic literature written on mental disability in Muslim tradition with focus on a number of the ethico-legal issues related to persons with mental disability. It mainly investigates the ethical and legal position concerning the persons with mental disability in Muslim juristic tradition and presents an analysis of the juristic views on various questions related to them with concentration on two critical issues: first, the Sharia ruling on the sterilization of persons with mental disability; and second, the marriage of persons with mental disability. The paper highlights the moral attitude of Islamic Jurisprudence regarding people with disability as safeguarding their moral and financial rights and human dignity as well as providing them with all possible kinds of legal enjoyments even in the absence of their freewill and ability to make a decision. Under Islamic laws, they have the right to inheritance and marital rights, and their guardians shall give due care to meet their different physical and psychological needs. In the absence of a close guardian, the judge or the ruler shall undertake the duty of considering the best interest of people with mental disability, including their fundamental rights to human dignity, financial rights, and the right to marriage and procreation. | ||
| Keywords | ||
| Disability – Mental disability – Mental Retardation – Persons with Disability – Islamic Jurisprudence – Sterilization – Marriage | ||
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