The Deaf and Mute: Is He Legally Accountable?
Machine translationRead the Arabic original
Q: Is the deaf and mute child considered legally accountable for acts of worship, such as prayer, by Islamic law? Or is he excused?
A: If the deaf and mute child has reached puberty, he is considered legally accountable for all types of legal obligations, including prayer and others. He is taught what is required of him through writing and gesturing, due to the generality of the scriptural evidence indicating that legal obligations are obligatory upon whoever reaches puberty and is of sound mind.
Puberty is attained by completing fifteen years of age, or by the emission of semen due to desire during a wet dream or otherwise, and by the growth of coarse hair around the private parts. The woman has a fourth condition added: menstruation. It is the duty of his guardian to perform on his behalf what is obligatory of zakah and other financial rights, and it is his duty to teach him what is hidden from him by possible means, until he understands what Allah has made obligatory upon him and what He has forbidden. Allah, Glorified and Exalted is He, says: [Al-Taghabun: 16] and the Prophet (peace and blessings be upon him) said: Sahih al-Bukhari 7288.
Therefore, the legally accountable person who does not hear or does not speak, or who has been afflicted with both deafness and muteness, should fear Allah as much as he is able, by performing the obligatory acts and avoiding the forbidden ones. He should also seek knowledge of the religion according to his ability: through observation, writing, and gesturing, until he understands what is required. And success is from Allah.
A: If the deaf and mute child has reached puberty, he is considered legally accountable for all types of legal obligations, including prayer and others. He is taught what is required of him through writing and gesturing, due to the generality of the scriptural evidence indicating that legal obligations are obligatory upon whoever reaches puberty and is of sound mind.
Puberty is attained by completing fifteen years of age, or by the emission of semen due to desire during a wet dream or otherwise, and by the growth of coarse hair around the private parts. The woman has a fourth condition added: menstruation. It is the duty of his guardian to perform on his behalf what is obligatory of zakah and other financial rights, and it is his duty to teach him what is hidden from him by possible means, until he understands what Allah has made obligatory upon him and what He has forbidden. Allah, Glorified and Exalted is He, says:
So fear Allah as much as you are able
فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْAnd if I order you to do something, then do of it as much as you can.
إذا أمرتكم بأمر فأتوا منه ما استطعتمTherefore, the legally accountable person who does not hear or does not speak, or who has been afflicted with both deafness and muteness, should fear Allah as much as he is able, by performing the obligatory acts and avoiding the forbidden ones. He should also seek knowledge of the religion according to his ability: through observation, writing, and gesturing, until he understands what is required. And success is from Allah.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
