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Ihmal (neglect or carelessness as a ground for liability, and the rule that speech is to be given effect rather than left void)

الإهمال

Ihmal is lexically leaving a thing neglected; the technical sense keeps this meaning. 1 Neglect in a trust that leads to its loss makes the trustee liable, since a trustee is liable only for excess or neglect. 1 The neglect of a private hired worker creates liability, and a shared worker is liable by the majority. 12 The neglect of a skilled practitioner, such as a doctor, circumciser or teacher, makes him liable for what follows, as does a cutter who exceeds his mandate in retaliation or in the hand cut for theft. 2 The rule is that speech is to be given effect rather than left void; when neither the literal nor the figurative sense is possible, the speech is left void, as in a claim that a living man has been killed by his heir, or that a child of known lineage is one's son. 23

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At a glance

Era
The Prophetic Era
Region
Global / Diaspora
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Law and courts

Definition

Ihmal is lexically leaving a thing neglected, or letting it go without management or use. 1

Neglect and liability

  • In trusts: neglect that leads to loss or destruction creates liability, since a trustee is liable only for excess or neglect. 1
  • A private hired worker is liable for neglect; a shared worker is liable in all cases by the majority. 12
  • Neglect by a skilled practitioner, such as a doctor, circumciser or teacher, makes him liable for what follows, as does a cutter who exceeds his mandate in retaliation or in the cutting for theft. 2

Giving effect to speech

The rule is that speech should be given effect rather than left void, since void speech is idle. When the literal sense is impossible, a figurative sense is used; when neither is possible, the speech is left void, as in a claim that a living man has been killed by his heir, that a limb has been cut from one who stands, or that a child of known lineage is one's son. 23

  • The impossibility may be of fact, of law, or by disuse. 2
  • Where the claim is contradicted by the senses, or what is like the senses, such as a claim of puberty in one too young, it is void, even if evidence is produced. 3

People and things also explored

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)· Democracy and the Sharia — compatibility and conflict· Fatwa on the satellite channels — its benefit and harm· Secularism and Islam — conflict or concord· Stoning (rajm) as a penalty for zina· Allusion to a proposal during the waiting period· Aman (safe-conduct granted to enemies in war)· Amana (trust, deposit and what is entrusted)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3663
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3664
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3665
Cite this page

islam.museum contributors. “Ihmal (neglect or carelessness as a ground for liability, and the rule that speech is to be given effect rather than left void)”. islam.museum, https://islam.museum/en/concept/ihmal/. CC BY-SA 4.0. Last updated 2026-10-23.

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Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)

Ahliyya is lexically suitability, and it is of two kinds: capacity to have rights and duties, the capacity of liability; and capacity to act, that is to perform acts recognised by the law. Its bearer passes through the stages of the foetus, childhood, discernment, puberty and maturity. Liability is complete from birth and incomplete for the foetus; the capacity to act is partial at discernment and full with puberty and reason. It is affected by heavenly impediments such as madness, imbecility, sleep, fainting, illness, slavery, menstruation, childbirth and death, and by acquired ones such as ignorance, drunkenness, jest, folly, travel, error and coercion.