The Council of the International Islamic Fiqh Academy of the Organization of Islamic Cooperation, holding its twenty-sixth session in Doha, State of Qatar, on 6-10 Dhūl-Qi’dah 1446H (4–8 May 2025),
HAVING REVIEWD the research papers submitted to the Academy concerning the topic: The Effect of psychological Illness on Legal aptitude in Islamic Sharia,
HAVING LISTENED to the in-depth discussions on the subject,
RESOLVES
First: Legal aptitude (ahliyyah) is the competence of a person to bear legitimate rights and obligations and the validity of their actions. It has two types:
1. Aptitude to bear obligation (ahliyyah al-wujūb)
2. Aptitude of performance (ahliyyah al-adā’) The latter relates to the ability to comprehend the address, which is through intellect, and the ability to act upon it, which is through physical capability).
Second: psychological illnesses are a cluster of inherent symptoms with clinical indication that affect a person’s cognition, behavior, or emotions, resulting in impaired or disrupted functioning on a personal, familial, professional, or social level.
Third: The principle is: a psychologically ill adult with full legal aptitude is fully accountable for their actions, unless proven otherwise by a recognized competent authority.
Fourth: Psychological illnesses, according to experts, are categorized based on affirming their effect on cognition, discernment, and volition into three types:
(a) Psychological illnesses that nullify legal aptitude.
(b) Psychological illnesses that diminish legal aptitude.
(c) Psychological illnesses that do not affect legal aptitude.
Fifth: The criterion of assessing a psychological illness and its impact on legal aptitude is based on the extent to which it affects cognition, discernment, understanding, and sound decision-making. This is a specialized matter to be determined by qualified psychiatrists and equivalent professionals.
Sixth: A psychologically ill person is deemed to have lost the performance aptitude if it is proven that they have lost the ability to understand, discern, or control their actions. They are deemed to have diminished aptitude if their ability to comprehend, discern and control their actions is impaired but not entirely lost.
Seventh: The determination of loss or reduction of legal aptitude due to psychological illness is a matter for the judiciary to decide.
RECOMMANDATIONS
1. Organizing educational courses for judges and muftis to raise awareness of psychological illnesses and their various effects.
2. Conducting joint training programs for psychiatrists, jurists, judges, and related professionals to develop specialized joint reference guides.
Indeed, Allah is All-Knowing.
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Secretary‑General of the Academy Visits the Consulate General of the Hashemite Kingdom of Jordan His Excellency Professor Dr. Qutb Mustafa Sano, Secretary‑General of the Academy, paid an official visit on 29 Sha‘ban 1447 AH, corresponding to 17 February 2026, to the Consulate General of the Hashemite Kingdom of Jordan in Jeddah. His Excellency and his accompanying delegation were received by His Excellency Ambassador Mohammed Salah Sobhi Hameed, Consul General and Permanent Representative of Jordan to the Organization of Islamic Cooperation, who welcomed him warmly and expressed his pleasure at the visit. He praised the distinguished intellectual efforts undertaken by the Academy under His Excellency’s leadership in addressing numerous religious and intellectual issues of concern to the Islamic world, affirming his personal honor in meeting His Excellency again and Jordan’s keenness to strengthen channels of communication and cooperation with the Academy, especially in areas of mutual interest. For his part, His Excellency expressed his deep gratitude and great appreciation to the Ambassador for the warm reception and generous hospitality. He commended the tremendous support, gracious care, and continuous attention the Academy has received from the leadership and people of Jordan since its establishment. He also conveyed his sincere appreciation for the Ambassador’s recent visit to the Academy, affirming the Academy’s full readiness to do everything that would enhance partnership, cooperation, coordination, and communication between the Academy and Jordanian religious and academic institutions. His Excellency was accompanied by Mr. Mohammed Al‑Mundhir Rida Al‑Shawk, Director of the Office and Protocol; Mr. Mohammed Waleed Al‑Idrisi, Director of Media and Public Relations; Ms. Sarah Amjad Badawi, Director of the Department of Family, Women, Children, and the Elderly; and Mr. Amjad Ibrahim Al‑Mansi, Head of the Protocol Section.
