ALQALAM
Vol 35 No 1 (2018): January - June 2018

IBN RUSHD AS JURIST” AND HIS FATWĀ ON LEGAL CAPACITY

Fachrizal A. Halim (College Marie-Victorin in Montreal Canada)



Article Info

Publish Date
30 Jun 2018

Abstract

Legal capacity is one of the major topics in Islamic law on personal status. The Qurʾān deals with this subject, for example in Q 4: 5-6. However, it only discusses the issue of legal capacity in relation to orphans and minors. Based on the loose Qurʾānic concept of orphans and minors, the jurists of the classical period attempted to understand what was meant by legal capacity in Islam and how ought to operated in a Muslim society. One of the most remarkable jurists who tackled this issue was Ibn Rushd (520/1126-595-1198). In his celebrated collection of fatwā, the Fatāwā Ibn Rushd, he explored the issue of legal capacity based on questions brought to him, who at a time sit as a qāḍī in Sevilla and Cordoba. Keywords: Averroes, legal, capacity, personal status, guardianship, Muslim Spain.

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Journal Info

Abbrev

alqalam

Publisher

Subject

Arts Humanities Education Social Sciences

Description

ALQALAM (e-ISSN: 2620-598X; p-ISSN: 1410-3222) is a journal published by the Center for Research and Community Service of UIN Sultan Maulana Hasanuddin Banten-INDONESIA. ALQALAM is an academic journal published twice a year (every six months). ALQALAM had been accreditated by Ministry of Education ...