الحَجرُ على السفيهِ دراسة اصولية فقهية مقارنة بقانون الاحوال الشخصية الاردني رقم 36 لعام 2010 م

Quarantine for Fools: A jurisprudential study compared to the Jordanian Personal Status Law No. 36 of 2010

The present research aims to address the issue of interdicting a mentally retarded person of his/ her legal capacity. In Islamic Fiqh, weak-mindedness or foolishness is considered as one of obstacles of legal capacity. Muslim scholars have discussed the legal impact of weak-mindedness or foolishness on Islamic financial transactions. The study has made a comparison between Jordanian Personal Status Law No. 36 of 2010 and Islamic Fiqh with regard to the eligibility of interdicting a mentally retarded person of his/ her legal capacity as well as the eligibility of his / her behaviors after interdicting his/ her legal capacity. This study has come to the conclusion that the guardian of a mentally retarded person according to Jordanian Personal Status Law No. 36 of 2010 is the court itself, not his or her not relatives. The above-mentioned law has stated that the court is required to Proclaim legal capacity of interdicting a mentally retarded person is under legal interdiction.