What is the legal meaning of Hajar (prohibition/restraint)?

General Chapter

Al-Mughni

Book of Legal Interdiction

Book 15 · Issue 1 · Bab 1

Open in Qurani

Primary text

In Sharia, Hajar signifies preventing an individual from disposing of their wealth. Restraint is categorized into two types: restraint for the benefit of others, and restraint for the benefit of the restrained person himself. Restraint for the benefit of others applies to the bankrupt (for the right of creditors), the sick person regarding donations exceeding one-third or donations that prejudice heirs, the freed slave (*mukatab*), the slave, and the mortgagor regarding the mortgaged property for the right of the mortgagee. These cases have their own dedicated discussions.