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.‬