Shihab al-Din Ibn al-'Askari

Summary

Shihab al-Din Ahmad ibn al-Askari al-Salihi al-Dimashqi al-Hanbali, the Hanbali mufti of Damascus. He was a pious, ascetic and blessed man. He wrote out his fatwas with great care. In his time he had no equal in learning, humility and simple living in the manner of the early generations. He kept apart from people and mixed with them rarely ².

He wrote a book of jurisprudence that combined two standard Hanbali works, al-Muqni and al-Tanqih. He died before finishing it, in Dhu al-Hijja of the year 912 ³.

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.

Shihab al-Din Ibn al-'Askari

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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)