Akhras Rulings in Islamic Jurisprudence: Comparative Jurisprudence

Document Type : Original Article

Author

Assistant Professor of Comparative Jurisprudence Islamic Sharia Department - Faculty of Dar Al Uloom - Minia University

Abstract

The imam of the mute is not valid for someone who is better than him in the present situation, such as the reciter and the illiterate, because the imam requires that he be able to perform the pillars of prayer, and if he is unable to perform one of its pillars and is hopelessly unable to remove it, such as the mute, then it is not valid to pray behind him.
The study considers the validity of the transactions of the mute, his behavior and all his contracts with an understandable sign or writing on the different actions of these behaviors of benefit or harm, such as selling, marriage, divorce and others, and muteness is not considered one of the reasons for blocking actions.
The study made it clear that the Friday prayer is held in the mute if it is among the number of people who hold the Friday prayer. But if the number in which the Friday meeting is held is all of the silence; It is more likely that Friday does not hold them to miss that.
It is correct for the mute to be a guardian in the marriage contract and a witness to it. Muteness is not considered a defect that violates the husband’s competence in the marriage contract, nor is it considered a defect that permits separation.

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