How is the restriction upon an improvident person lifted when they attain maturity of conduct (Rushd)?

General Chapter

Al-Mughni

Book of Legal Interdiction

Book 15 · Issue 2 · Bab 1

Open in Qurani

Primary text

Once the ruler has imposed a restriction on the improvident person, the restriction is only lifted by the ruling of the ruler. This aligns with the position of Al-Shāfiʿī. The justification is that a restriction established by the ruler's decree cannot be removed except by the same authority, similar to the restriction on a bankrupt person. Moreover, the attainment of maturity (Rushd) requires careful consideration and Ijtihad to ascertain its existence and the cessation of improvidence, thus mirroring the initial imposition of the restriction. This differs from minors and the insane, whose restriction is imposed without the ruler's decree and is thus removed without it.

Supporting text

Abu al-Khattāb maintains that the state of improvidence is lifted as soon as its cause ceases, just as the legal capacity returns to a minor or an insane person once their impediment is removed.