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58412

Mental Disability in Islamic Jurisprudence from a Moral Perspective

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Last updated: 04 Jan 2025

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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.

DOI

10.21608/bflt.2018.58412

Keywords

Disability – Mental disability – Mental Retardation – Persons with Disability – Islamic Jurisprudence – Sterilization – Marriage

Authors

First Name

Muḥammad

Last Name

‘Abdel-Hay

MiddleName

Fawzy

Affiliation

Faculty of Languages and Translation Department of Islamic Studies in Foreign Languages

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Volume

15

Article Issue

2

Related Issue

8872

Issue Date

2018-07-01

Receive Date

2019-11-11

Publish Date

2018-07-01

Page Start

379

Page End

411

Print ISSN

2090-8504

Online ISSN

3009-755X

Link

https://bflt.journals.ekb.eg/article_58412.html

Detail API

https://bflt.journals.ekb.eg/service?article_code=58412

Order

12

Type

Original Article

Type Code

1,011

Publication Type

Journal

Publication Title

Bulletin of The Faculty of Languages & Translation

Publication Link

https://bflt.journals.ekb.eg/

MainTitle

Mental Disability in Islamic Jurisprudence from a Moral Perspective

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Article

Created At

22 Jan 2023