Capacity, legal

by Arabi, Oussama

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Legal capacity (ahliyya), according to classical Muslim jurists, is of two kinds: capacity of obligation (ahliyyat al-wujūb) and capacity of execution (ahliyyat al-adāʾ) . Capacity of obligation refers to the potential of any human being to possess legal rights and obligations. This type of capacity is present in the embryo and ceases to exist on the person’s death, albeit only after his or her debts have been paid. Thus, an embryo is entitled to a share of its father’s inheritance, if the latt…

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Summary

Legal capacity (ahliyya), according to classical Muslim jurists, is of two kinds: capacity of obligation (ahliyyat al-wujūb) and capacity of execution (ahliyyat al-adāʾ) . Capacity of obligation refers to the potential of any human being to possess legal rights and obligations. This type of capacity is present in the embryo and ceases to exist on the person’s death, albeit only after his or her debts have been paid. Thus, an embryo is entitled to a share of its father’s inheritance, if the latter dies while the infant

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Article Information

Publication Statements

  • Publisher(s):Brill
  • Language:eng

Edition Identifiers

  • wc:ALei1600

Subjects

eng Islam

Writers

Arabi, Oussama

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