Is it permissible to initiate legal restriction (hajar) upon an adult who becomes fiscally irresponsible (sufaha) after having previously been deemed mature and having control of their wealth restored?

General Chapter

Al-Mughni

Book of Legal Interdiction

Book 15 · Issue 5 · Bab 1

Open in Qurani

Primary text

If restriction is lifted from an individual due to maturity and puberty, and their wealth is returned, restriction must be reapplied if they revert to fiscal irresponsibility. This view is held by Al-Qasim ibn Muhammad, Malik, Al-Shafi'i, Al-Awza'i, Ishaq, Abu Thawr, Abu Ubayd, Abu Yusuf, and Muhammad. The justification is based on the consensus of the Companions, exemplified by the incident involving 'Abdullah ibn Ja'far and the subsequent discussion involving 'Ali, Al-Zubayr, and 'Uthman, which implies consensus against restricting a partner in a transaction without cause. Furthermore, a fiscally irresponsible adult should be restricted just as one who reaches puberty in a state of irresponsibility, because the underlying cause for restriction (the irresponsibility) persists. If this irresponsibility had been present at puberty, their wealth would not have been returned, so its subsequent occurrence necessitates reclaiming the assets, similar to insanity.

Supporting text

Abu Hanifa holds that restriction cannot be initiated upon a free, accountable adult, and their transactions are valid. This is narrated from Ibn Sirin and Al-Nakha'i, based on the premise that they are a free, accountable person and thus should not be restricted like a mature minor.