competence (الأَهْلِيَّة)

competence (الأَهْلِيَّة)


الحديث أصول الفقه

التعريف :


A person’s suitability to have the rights and duties approved by the shariah applicable to him or her.

المعنى الاصطلاحي :


A person’s eligibility to acquire rights, perform duties, and dispose of affairs.

الشرح المختصر :


“Ahliyyah” (competence/eligibility) means that when someone has the eligibility and competence to acquire rights, perform duties and obligations, and has the ability to make statements and actions which are legally acceptable. There are two types of “ahliyyah”: 1. The “ahliyyah” of the obligation: this type is expressed in the term “dhimmah” or liability. It is a person’s eligibility to exercise the rights that are due upon him. It is established by the mere fact that he is alive. 2. “Ahliyyah” of execution: it is also called ‘“ahliyyah” to conduct a transaction’. This type is established when a person reaches the age of discernment, which is seven. It is the person’s eligibility to be required to perform obligations and to be responsible for his words and actions such that their legal consequences become effective.

التعريف اللغوي المختصر :


“Ahliyyah”: competence, eligibility, entitlement, worthiness, capacity, ability.