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Rushd (sound judgment as the end of a ward's incapacity): its meaning, the test of a child, and the release of property

الرشد

Rushd in the lexicon is sound judgment and right conduct; in the jurists' usage it is the soundness of property for the majority, and of both property and religion for al-Shafi'i. 1 2 It is the last stage of capacity: a person who comes of age sound has full capacity, his guardianship ends and his property is handed to him. 2 3 If he comes of age unsound, the majority hold the restriction continues until his soundness is shown, while Abu Hanifa hands over the property at twenty-five years. 3 4 5 A child is tested by letting him conduct the kind of transactions his peers conduct, once or more, and the schools differ on the method and the time, the Hanafis, Shafi'is and Hanbalis mostly before puberty. 4 6 The rules of soundness appear in many chapters of law, such as sale, partnership, agency, gift, endowment, marriage, khul' and custody. 7

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At a glance

Era
The Prophetic Era
Region
Global / Diaspora
Review
Draft Completeness 2/5 · Help complete it

Family, marriage and kinshipTrade and financeLaw and courts

Summary

Rushd in the lexicon is sound judgment and right conduct; in the jurists' usage it is the soundness of property for the majority, and of both property and religion for al-Shafi'i. 1 2 It is the last stage of capacity: a person who comes of age sound has full capacity, his guardianship ends and his property is handed to him. 2 3 If he comes of age unsound, the majority hold the restriction continues until his soundness is shown, while Abu Hanifa hands over the property at twenty-five years. 3 4 5 A child is tested by letting him conduct the kind of transactions his peers conduct, once or more, and the schools differ on the method and the time, the Hanafis, Shafi'is and Hanbalis mostly before puberty. 4 6 The rules of soundness appear in many chapters of law, such as sale, partnership, agency, gift, endowment, marriage, khul' and custody. 7

People and things also explored

Allusion to a proposal during the waiting period· Awl (proportional reduction of shares in inheritance)· Supervision of banks· Breastfeeding and weaning· Divorce before consummation· Hadiyya (gift)· Hiba (gift: its pillars, the parties, the thing given, possession, return and conditions)· Iddah (waiting period)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8736
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8737
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8738
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8739
  5. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8741
  6. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8740
  7. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8743
Cite this page

islam.museum contributors. “Rushd (sound judgment as the end of a ward's incapacity): its meaning, the test of a child, and the release of property”. islam.museum, https://islam.museum/en/concept/rushd-fiqh/. CC BY-SA 4.0. Last updated 2026-10-23.

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Ideas

Beliefs, concepts, sciences and schools, explained in plain words. Related

Allusion to a proposal during the waiting period

In his commentary on verse 235, Sha'rawi holds that allusion to a proposal to a woman in her waiting period is allowed, while open declaration and a secret promise are forbidden, and that the firm resolve to marry may not be made until the waiting period ends. He reads the contract as passing through three stages: allusion, resolve, and the contract.