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The effect of sleep and fainting fit on the capacity of obligation (ahliyya al wujub)
Sleep and fainting fit do not affect the capacity of obligation, it only effect he
capacity of execution, therefore a person acquires all rights and liabilities that they
will get from the capacity of obligation even though they are sleeping or
unconsciousness.1
The effect of sleep and fainting fits on the capacity of execution (ahliyya al
ada)
The person who is fainting or asleep does not understand is act and
his words and therefore, he is incompetent to conclude a contract and
discharge an obligation because it is the intellectual faculty of the
individual which determines legal capacity2. This is why an adult who is
fainting or asleep is not held responsible for his conduct. The principle
here is clearly stated in the hadith which provides to the effect: the pen
1 Abd Rahman Raden, the Philosophy of Islamic Law of Transaction (2009)
2 Ibid,
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