الأسباب الموجبة للحجر ثلاثة: الصغر والرق والجنون
Translation: The three grounds requiring restriction are minority, enslavement and insanity.
The text gives three grounds: ṣighar (minority), riqq (enslavement in the historical legal setting), and junūn (a condition affecting legal comprehension). These are not the same moral, medical or legal category.
A minor may develop competence; mental incapacity concerns actual ability to understand; historical slave restrictions were connected to proprietary claims recognized in the older legal system. The effects must be studied separately, rather than treating everyone as equally incapable.
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The three classical grounds
Kitab al-Hajr: Grounds of Legal Restriction, Capacity and Liability
الأسباب الموجبة للحجر ثلاثة: الصغر والرق والجنون
Translation: The three grounds requiring restriction are minority, enslavement and insanity.
The text gives three grounds: ṣighar (minority), riqq (enslavement in the historical legal setting), and junūn (a condition affecting legal comprehension). These are not the same moral, medical or legal category.
A minor may develop competence; mental incapacity concerns actual ability to understand; historical slave restrictions were connected to proprietary claims recognized in the older legal system. The effects must be studied separately, rather than treating everyone as equally incapable.