ولا يجوز تصرف المجنون المغلوب على عقله بحال
Translation: While one’s reason is overwhelmed, a contractual disposition is not valid.
The phrase majnūn maghlūb ʿalā ʿaqlihī describes a person whose intellect is so overwhelmed that they cannot meaningfully understand and undertake a valid bargain. The required comprehension and intention are absent in that condition.
This must not be confused with an adult merely making a bad investment. Financial imprudence does not itself prove inability to understand a contract. Periods of lucidity and other capacity questions call for their own legal analysis.
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Overwhelming incapacity and contracts
Kitab al-Hajr: Grounds of Legal Restriction, Capacity and Liability
ولا يجوز تصرف المجنون المغلوب على عقله بحال
Translation: While one’s reason is overwhelmed, a contractual disposition is not valid.
The phrase majnūn maghlūb ʿalā ʿaqlihī describes a person whose intellect is so overwhelmed that they cannot meaningfully understand and undertake a valid bargain. The required comprehension and intention are absent in that condition.
This must not be confused with an adult merely making a bad investment. Financial imprudence does not itself prove inability to understand a contract. Periods of lucidity and other capacity questions call for their own legal analysis.