Chapter on ḥajr (legal interdiction)

Legal interdiction takes several forms: the interdiction of the bankrupt for the benefit of his creditors; of the mortgagor for the mortgagee; of the person in a death-illness for the heirs; of the slave for his master; and of the apostate for the Muslim community. Although ḥajr has many branches, this chapter is concerned with the interdiction of the insane person, the minor, and the spendthrift.

1. Insanity annuls all legal authority and renders a person’s statements of no effect; the interdiction is removed once sanity returns.

2. The interdiction of a minor ends when he reaches puberty and possesses rushd (sound judgment). Puberty is established by one of three signs: (a) completing fifteen lunar years, (b) the emission of semen—which becomes possible after completing nine years, or (c) for girls, the additional signs of menstruation or pregnancy. The growth of pubic hair is accepted as proof of puberty for the child of a non-Muslim, but, according to the sounder opinion, not for a Muslim child.

Rushd combines uprightness in religion and competence in handling wealth: the person neither commits a sin that nullifies probity nor behaves wastefully—such as exposing his property to manifestly excessive loss in trade, casting it into the sea, or spending it on what is forbidden. The preponderant view is that spending on charity, other good causes, food, or clothing that merely exceeds one’s usual standard is not considered wastefulness.

The minor’s rushd must be tested and verified.