Quduri recognizes the historical validity of an enslaved person’s declaration of divorce. Compare it with acknowledgment of debt: divorce concerns a personal marital relation; debt could encumber the master’s asserted financial interests.
The comparison illustrates why one cannot infer that every statement by a legally restricted person has exactly the same status. Its legal subject, the right affected and the specific rule of capacity must be identified.
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Historical validity of the enslaved person’s divorce
Kitab al-Hajr: Grounds of Legal Restriction, Capacity and Liability
Quduri recognizes the historical validity of an enslaved person’s declaration of divorce. Compare it with acknowledgment of debt: divorce concerns a personal marital relation; debt could encumber the master’s asserted financial interests.
The comparison illustrates why one cannot infer that every statement by a legally restricted person has exactly the same status. Its legal subject, the right affected and the specific rule of capacity must be identified.