Title of article :
Two Questions About the Distinction Between Ahliyyah al-Vucüb (Capacity to Have Rights) and Ahliyyah al-Adä (Capacity to Act) According to Hanafi Legal Thought
Author/Authors :
KÖKSAL, A. Cüneyd İslâm Hukuku, İSAR (İstanbul Araştırma ve Eğitim Vakfı), Turkey
Abstract :
The religious-legal capacity according to Hanafite usul al-fiqh scholars have been analyzed into two categories. In the fifth century, two questions which were connected with these two categories, took into consideration among the scholars. One of these questions was about whether the religious- legal obligations rooted from legal causes, or from divine commandments. The second one was about whether the infants who haven t reached puberty yet are bound with the religious-legal obligations or not. Dabusi, one of the leading figures in Hanafite usul al-fiqh, states that the obligations are connected with legal causes, and the infants are charged with the Divine obligations from their birth time. But because of their infantry, the performance of these obligations (not the essence of them) have been aborted until puberty. These questions have been discussed among the subsequent usul scholars, and the ideas put forth around these issues must be regarded as pioneering thoughts in the very field of Islamic legal philosophy.
Keywords :
Capacity to have rights , capacity to act , dhimmah , asbâb as , sharayi , obligation over infants
Journal title :
darulfunun ilahiyat
Journal title :
darulfunun ilahiyat