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LEGAL CAPACITY
1. Introduction:
In the Arabic language legal capacity is called "Dhimma" which means the quality by which person becomes fit for what he is entitled to or what he is subject to.
2. Kinds of Legal Capacity:
Every man possesses some legal capacity. The difference is only of degree from person to person and from time to time. Legal capacity is divided into two kinds:
i. Redeptive Capacity:
It is the capacity for inheritance of rights and obligations.
ii. Active Capacity:
This is the capacity, which enables him to exercise his right and discharge his obligations.
4. person of Full Capacity:
A person of full capacity is therefore a living human being of mature age and free understanding of Muslim faith, not seized with death illness and solvency.
5. Factors Affecting Legal Capacity:
i. Samawi or Natural:
Such circumstances which are the work ofprovidence and beyond the control of man e.g. idiocy, infancy, lunacy, death, illness, sleep etc.
ii. Maksooba:
Those circumstances which are created by human acts e.g. drunkeness, mistake, ignorance of law, slavery etc.
iii. Intention and Motive:
When the object of our intention is also the object of our wish the law treats motive merged in intention but when dufferent, the object of our wish is called motive.
6. Facts/ Circumstances Affecting Legal Capacity:
i. Forgetfulness:
The general rule is that act done in forgetfulness does not render the person liable. It is a good exercise in the matters of rights of God e.g. during the fast omitting to do something in prayers. But a man is liable for acts done in forgetfulness in matters of rights of men e.g. causing injury to the other.
ii. Sleep:
This is a state of suspense in man's condition as it incapacitates a person. He has no judgement about what he is doing during sleep. so he will not be held liable for the acts done during such conditions. But if a man in such condition damages the property of another, he shall be held liable.
iii. Mistake:
Doing an act by mistake which in the ordinary course would be an offence is expempted from liability. Causing infrigements of private rights would make the person liable though done with mistake.
iv. Intoxication:
Intoxication taken in extreme emergency is permitted though forbidden in Islamic law. The legal capacity will be affected, if someone is forced to tkae intoxicate.
v. Coercion:
Coercion is a threat to man's life or imputation of any limb. Mild coercion is that which does not threaten life, but if carried on by imprisoning, beating amounts to threats.
1. Introduction:
In the Arabic language legal capacity is called "Dhimma" which means the quality by which person becomes fit for what he is entitled to or what he is subject to.
2. Kinds of Legal Capacity:
Every man possesses some legal capacity. The difference is only of degree from person to person and from time to time. Legal capacity is divided into two kinds:
i. Redeptive Capacity:
It is the capacity for inheritance of rights and obligations.
ii. Active Capacity:
This is the capacity, which enables him to exercise his right and discharge his obligations.
4. person of Full Capacity:
A person of full capacity is therefore a living human being of mature age and free understanding of Muslim faith, not seized with death illness and solvency.
5. Factors Affecting Legal Capacity:
i. Samawi or Natural:
Such circumstances which are the work ofprovidence and beyond the control of man e.g. idiocy, infancy, lunacy, death, illness, sleep etc.
ii. Maksooba:
Those circumstances which are created by human acts e.g. drunkeness, mistake, ignorance of law, slavery etc.
iii. Intention and Motive:
When the object of our intention is also the object of our wish the law treats motive merged in intention but when dufferent, the object of our wish is called motive.
6. Facts/ Circumstances Affecting Legal Capacity:
i. Forgetfulness:
The general rule is that act done in forgetfulness does not render the person liable. It is a good exercise in the matters of rights of God e.g. during the fast omitting to do something in prayers. But a man is liable for acts done in forgetfulness in matters of rights of men e.g. causing injury to the other.
ii. Sleep:
This is a state of suspense in man's condition as it incapacitates a person. He has no judgement about what he is doing during sleep. so he will not be held liable for the acts done during such conditions. But if a man in such condition damages the property of another, he shall be held liable.
iii. Mistake:
Doing an act by mistake which in the ordinary course would be an offence is expempted from liability. Causing infrigements of private rights would make the person liable though done with mistake.
iv. Intoxication:
Intoxication taken in extreme emergency is permitted though forbidden in Islamic law. The legal capacity will be affected, if someone is forced to tkae intoxicate.
v. Coercion:
Coercion is a threat to man's life or imputation of any limb. Mild coercion is that which does not threaten life, but if carried on by imprisoning, beating amounts to threats.