Blind, The - Definition, Etymology, and Legal Implications in Islam

Blind, The

Definition and Etymology

Blind, The refers to individuals who are visually impaired. In Arabic, the term for a blind person is أعمى‎ (Aʿmā), with the plural form being عميان‎ (ʿUmyān). The term carries significant legal and social implications within the framework of Islamic law (Sharia).

Legal Implications in Islam

1. Exemption from Jihad: Under Islamic law, it is not incumbent upon a blind man to engage in Jihad (religious struggle or war). This exemption acknowledges the physical limitations and potential vulnerabilities associated with blindness.

2. Testimony: According to Imām Abū Ḥanīfah, the evidence given by a blind person is generally not admissible in legal cases. However, Imām Zufar contends that the testimony of a blind person is lawful, particularly when it concerns matters where hearsay is common and significant.

3. Economic Transactions: Sales and purchases made by a blind individual are considered lawful in Islamic jurisprudence. This provision ensures that blind people can participate in economic activities and are not marginalized due to their disability.

Cultural and Social Context

• Community Support: Islamic teachings advocate for the support and protection of individuals with disabilities, including the blind. The community is encouraged to facilitate their inclusion and ensure they lead dignified lives.

• Islamic Law Jurisprudence: There are varying opinions among Islamic jurists regarding the legal capacities and rights of blind individuals. The differing views of Imām Abū Ḥanīfah and Imām Zufar highlight the diversity and flexibility within Islamic legal thought.

Recommended Books for Further Study

1. Hamilton’s Hidāyah (Translation by Charles Hamilton):

   • Provides detailed explanations of Islamic jurisprudence, including specific provisions related to the blind.
   • Reference: Hamilton’s Hidāyah, vol. ii. pp. 141, 402, 682.

2. Islamic Jurisprudence: An International Perspective by C.G. Weeramantry

   • This book provides a comprehensive understanding of Islamic jurisprudence and legal pluralism.

3. The Islamic Law of Personal Status by Jamal J. Nasir

   • Focuses on the personal status laws, including the rights and obligations of individuals with disabilities.

Takeaways

• The status and rights of blind individuals are carefully considered in Islamic law.
• Blind individuals are exempt from certain obligations but are fully recognized in economic transactions.
• The debate among jurists like Imām Abū Ḥanīfah and Imām Zufar reflects the broader discourse on the capabilities and rights of disabled individuals in Islam.

Conclusion

The treatment of blindness in Islamic law demonstrates a nuanced approach that balances compassion with legal pragmatism. By examining the views of different jurists and ensuring blind individuals can engage in lawful economic activities, Islamic jurisprudence seeks to integrate them within the social and legal framework.