Hajr does not mean “nothing this person does can ever create liability.” The original text itself rejects that oversimplification: some declarations have no effect, some bargains await approval, and physical damage can require compensation.
Nor does guardianship amount to an unrestricted right to approve harmful deals. A sound analysis identifies the person’s capacity, the type of act and the right affected, in that order.
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Restriction is not universal immunity
Kitab al-Hajr: Grounds of Legal Restriction, Capacity and Liability
Hajr does not mean “nothing this person does can ever create liability.” The original text itself rejects that oversimplification: some declarations have no effect, some bargains await approval, and physical damage can require compensation.
Nor does guardianship amount to an unrestricted right to approve harmful deals. A sound analysis identifies the person’s capacity, the type of act and the right affected, in that order.