Tarbiat Modares university
Abstract: (8766 Views)
The age of Maturity is one of the most important issues in Muslim Juridical books argued under a specific chapter called "Hijr". Since Muslim jurisprudents (Shia or Sonny) discuss the issue of "Those who are not allowed to use their property" under cited chapter, and an underage is not allowed to use his/her property, Maturity qualifications and age (for male, female and neuter) is discussed in Hijr chapter. The author's Concern here is to make a juridical Disquisition by studding Qur'anic verses, tradition and Muslim jurisprudent's Ideas about male Maturity through Library methods. Thus there will be a study on the effective words, a probe on Shia/Sunni jurisprudent's ideas to demonstrate that there is no consensus (Ij'ma) about the age of Maturity for male and a discussion on related Qur'anic verses to show there is no specific indication of age inside them. After that the author discusses related traditions in nine chapters and herein traditions showing the ages 13 and 15 for Maturity are carefully checked (whether they could be the age of maturity). Then accepting related traditions showing the age of 15 for male Maturity, with regard to the existence of "evidential problems of traditions, lack of implication in some traditions and the dissimulation (Ta'ghi'ia) in some others (not considering the Famous judicial decree (Fat'wa) which is given according them)" has been known incorrect and usage of famous assertion "Consensus (Ij'ma), reputation (Shuh'ra) and Acquaintance (Bira'ah)" has been known Incomplete. [Finally] The conclusion of this research is "no specific age is circumstantial evidence (Ima'rah) in this issue" and with using "diversity of jurist's opinions, lack of Qur'anic reasoning and dispersion of the tradition about Maturity" the author tries to omit age from being a subset for Maturity qualities.
Subject:
Arts and Humanities (General) Received: 2015/08/25 | Accepted: 2015/10/19 | Published: 2016/03/19