اسلامی شریعت میں اہلیت کا تصور: انسانی حقوق کے تناظر میں ایک اصولی وتجزیاتی جائزہ

The Principle of Competence in Islamic Law: A Theoretical and Analytical Review within the framework of Human Rights

Abstract

This paper clarifies the basic concept of competence across different stages of human life.  The study aims to highlight that Islamic law not only recognises human beings as subjects of obligation but also as dignified individuals. In this regard, Aaliyah al wujub refers to the capacity through which a person is entitled to rights, while Ahliyat al-Ada regulates the practical exercise of these rights.  The paper further explains that Ahliyat al-wujub is inherent in human existence throughout all the stages of life, whereas Ahliyat al-Ada develops progressively with intellectual and mental growth, but it may be restricted or temporarily suspended in certain circumstances. The study concludes that these two abilities form fundamental principles of the Islamic system of right. This system plays an important role in ensuring justice, balance and social security, specifically in safeguarding the rights of children, vulnerable Individuals and those lacking full legal Independence. So, this paper presents this important topic of Islamic jurisprudence, which provides a comprehensive framework for understanding human rights.