Dumb in Islam
Etymology and Translations
- Arabic: أبكم (Abkam) - singular, بكم (Bukm) - plural
- Turkish: Dilsiz
Definition
In Islamic jurisprudence, a person who is born dumb, termed “abkam” (Arabic: أبكم) in singular and “bukm” (Arabic: بكم) in plural, possesses certain legal capabilities and limitations. The term specifically refers to individuals who are unable to speak due to a congenital condition.
Legal Context and Implications
The classical Islamic legal manual, Hidāyah, outlines specific rules concerning the rights and duties of a dumb person. These rules distinguish between those unable to speak from birth and those who have lost the ability to speak later in life.
Rights and Capabilities
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Verification of Bequests: The signs used by a dumb person are considered sufficient for the verification and validity of their bequests.
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Marriage Contracts and Divorce: A dumb person can execute a marriage contract, initiate a divorce, conduct sales, and make purchases through intelligible signs.
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Legal Proceedings and Punishments: They can sue or incur punishment by signs, but there are limitations.
Limitations
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Qiṣāṣ (Retaliation for Murder): A dumb person cannot sue in cases involving qiṣāṣ, or retaliation for murder.
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Faith Declaration: A dumb individual can acknowledge and deny their faith using signs.
Significance and Cultural Implementation
This legal differentiation highlights the faith’s flexibility and a deep acknowledgment of human diversity. The importance of providing a legal framework ensuring that individuals born with disabilities can equally participate in social and religious obligations underlines a comprehensive approach to justice in Islam.
Books for Further Studies
- “The Hedaya: Commentary on the Islamic Laws” - Charles Hamilton
- “The Principles of Islamic Jurisprudence” - Mohammad Hashim Kamali
- “Islamic Jurisprudence” - Imran Ahsan Khan Nyazee
Takeaways
- The term “abkam” refers to those born dumb due to congenital conditions.
- Islamic jurisprudence accommodates the rights and responsibilities of a dumb person, validating their actions through intelligible signs.
- There are specific legal distinctions that acknowledge both the rights and the limitations of dumb individuals under Islamic law.
Conclusion
The Islamic legal understanding of “abkam” showcases Islam’s inclusive approach, ensuring that congenital disabilities do not inhibit a person’s ability to participate in legal, social, and religious edicts. By acknowledging signs and non-verbal communication methods for those individuals, Islamic law reinforces its commitment to justice and equity for all members of the community.
This reference provides an enriched understanding of the term “dumb” in Islamic jurisprudence, shedding light on the nuanced legal frameworks that ensure inclusivity and fairness.
