Who has the authority to place a restriction (Hajr) upon an improvident person (Safīh)?

General Chapter

Al-Mughni

Book of Legal Interdiction

Book 15 · Issue 1 · Bab 1

Open in Qurani

Primary text

The restriction upon the improvident person is only to be imposed by the ruler (Hākim). This is the opinion held by Al-Shāfiʿī. The reasoning for requiring the ruler's judgment is that improvidence (tabdhīr) is variable, subject to differing interpretations, and necessitates independent legal reasoning (Ijtihad). Consequently, if the cause requires Ijtihad, it cannot be established except by the ruler's decree, similar to the commencement of the period of inability (ʿUnnah). Furthermore, since restriction is a matter of legal dispute, it requires the ruler's judgment, just as the restriction upon a bankrupt person (Mufllis) does. This contrasts with insanity (Junūn), which does not require Ijtihad and is not disputed.

Supporting text

Muhammad holds that the restriction takes effect immediately upon the display of improvidence because that condition itself is the cause for the restriction, analogous to insanity.