IBN RUSHD AS JURIST” AND HIS FATWĀ ON LEGAL CAPACITY

  • Fachrizal A. Halim College Marie-Victorin in Montreal Canada

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.

Published
Jun 30, 2018
How to Cite
A. HALIM, Fachrizal. IBN RUSHD AS JURIST” AND HIS FATWĀ ON LEGAL CAPACITY. Al Qalam, [S.l.], v. 35, n. 1, p. 36-50, june 2018. ISSN 2620-598X. Available at: <http://jurnal.uinbanten.ac.id/index.php/alqalam/article/view/1106>. Date accessed: 12 july 2020. doi: http://dx.doi.org/10.32678/alqalam.v35i1.1106.