C.

Awarid Ahliyah (Factors Change Ahliyah)

Awaridlul ahliyyah are things that are or occur in a person, thus obstruct the
qualification.
In ahliyyatul wujub, which became the basis of the nature of humanity. If human
nature passed away, then the newly ahliyyatul wujub was missing from the person. So,
ahliyyatul wujub still exist in a person while he is still alive started since humans are in
the womb and not be influenced by the circumstances contained in a person, whether
the person is healthy or sick, whether he was conscious or being drunk, whether he is
of legal age or not of legal age, he was in a state of sleep or watch, in case of traveling
or living or other circumstances that could occur in a person.
In short in wujub ahliyyatul not known 'Awaridlul ahliyyah. As with the existing
ahliyayatul 'which basically is the ability to reason, it is sometimes hindered by the
things that are or occur in people who have ahliyyah it. These obstacles exist that
eliminate or avoid altogether and there are only eliminate or terminate certain actions.
And because the obstacle there are two kinds of all, namely:
1. Awarid Samawiyah
Awarid Samawiyah an impediment beyond the capability and control of people,
these barriers have 8 kinds:
a. Insane
An insane person cannot perform intention, or intention are not seen. Terms of
the subject in a human deeds is intent or deliberate. An unauthorized worship is not
perfect or without intention. So insane contrary to the requirements that must be met
for something of deeds in Islam.1
b. Ma'tuh;
Ma'tuh person is the person who is less knowledge, mixed up his words, language
structure damaged but did not spoil the goods, not banging and cursing like a madman.
People who ma'tuh still often like a healthy mind, they can talk to, just can not be
completely the other person receives.
c. Forget
Forget not eliminate the load demands Islamic law, because people forget still
viewed sought, so as to the rights that must be fulfilled by those who forget, both the
rights of God and rights can not be separated adami by reason forgotten. The rights of
God, if a person is deemed innocent since forgotten, and whether the work done
because of forgetfulness that resulted in the law or not, need to be reviewed. Innocent
people forget why forgetfulness if truly forget, because forgetting it's an impediment
beyond human ability and can not be created by people.

1
Azhar Ahmad Bashir, op.cit, p 33
d. Sleep
Sleep is an obstacle for people to understand demands for religious burdens and
laws of other religions are different. Sleep does not eliminate or release a person from
carrying out religious obligations.2
e. fainting
Fainting prevent people from understanding the charges or taklif in Islam against
human beings even more influential than the bed. To the person who fainted given law
as against the bed which obliges pentakhiran bebanan demands religious laws so
concerned regained consciousness.
f. Sick
Sicks are not opposed to the human ability to understand commands and
working Religion worship, because it does not destroys diseased mind and speech,
only causes physical weakness of the human person gets sick.3
g. Haidh and Nifas
Haidh is issued monthly menstruation or menses or menstruation. Nifas is
bleeding after childbirth. Menstruation and nifas not eliminate the ability of a woman
to understand the precepts of Religion, also does not eliminate the ability of women
to carry out his duty only their menstruation and nifas women obstruct the obligation
of prayer and fasting, which means that women who are menstruating or
menstruation and nifas prohibited and prayed and fasting. To pray is not obliged to
make up but to fasting. compulsory, ie, fasting during Ramadhan are required to make
up the number of days left.
g. Die
Dead causing the death of all the demands of religious precepts that any form.

2. Awarid Muktasabah / Ghair Samawiyah

The obstacle cultivated by humans is the obstacle based on business and human
capabilities, namely:
a. Safih
Safih or foolish is the weakness of a person that took her persued in the use of his
property so it is not as desired by common sense. Safih not cause loss of ahliyyatul
wujub and ahliyyatul ada’ in a person because of his wits perfectly. If he committed a
crime, then he is subject as applicable legal sanctions against those who do not safih
hinted at in the word of Allah surat al-Nisa, 4: 5:
This means:
And do not leave it to people who are not perfect wits, treasures (those within your

2
Muhammad Abu Zahra, op.cit, hlm.340
3
TM.Hasbi ash Shiddieqy, op.cit, p. 513
power) which serve God as a basic of life.
b. Drunk
Drunkenness is a loss of a sense which causes erratic talks for drink something
affecting the sense, like wine and the like.4
c. Safar
Safar or in trip or journey does not cause loss ahliyyatul ahliyyatul wujub and
ahliyyatul ada’ 'to someone. Safar related difficulties that led to relief. On this basis,
shar'ī make safar is allowing moslem to qashar their prayers.
d. by mistake
By mistake is an act that happened, but different from the desire to do so. If by
mistake concerning the rights of Allah, whether in worship or jinayah, this error is an
aging of Allah during the party concerned has to be careful. When dealing with the
right servant or individual rights, by mistake an excuse that frees people from the
sanctions matter. Therefore, those who damage the property of others because by
mistake, then he is obliged to replace it.5
e. Ignorant (do not know about the law)
The scholars separates ignorance of the law into several types:
1. Ignorance of the law that caused the offender was not given age and the
situation does not included subhat which can eliminate legal sanctions.
2. Ignorance that offender are subject to the aging because it is related to matters
that doubt the legal proposition
3. Ignorance in the field of ijtihad because there are factors that make it he did
not know the law.
4. Ignorance of Islamic law because a person is not located in areas that Islamic
minority.

f. Forced
Forced is demanding a person to commit an act or speak words contrary to what
we want. Persons within the state who are forced to clearly unwilling to utter the
words atan perform actions contrary to desire.
View the form of compulsion, the compulsion to divide Hanafiyya two forms, namely:
1. Ikrahah Mulji', which is a form of coercion that do not allow people who are
forced to refrain from any threat of coercion.
2. Ikrahah ghaira mulji, which is a a compulsion that still allows the forced victim
to avoid doing something she does not want.

4
Azhar Ahmad Bashir, op. Cit, p. 34-35.
5
TM.Hasbi ash Shiddieqy, op.cit, p. 519
E. ineligible Person (Al-Mahjur 'alaihi)

1. Definition
Al-hajru comes from al-Hajr, hujranan or hajara. In language that is forbidden,
prevented or hindered. 6 Al-hajru is a form of restraint in the use of property
transactions or else someone is problematic.7
The definition of mahjur or Al-hajru is preventing for someone to manage their
wealth for their certain things that require their prevention.
The legal basis for Al-hajru or mahjur that is already stated in the Qur'an as follows:
a. Al-Qur'an
Dalil Al-hajru or mahjur first stated in the Quran surah Al-Baqarah verse 282 which
reads:
Meaning: "... .but if the debtor is of poor understanding, or weak, or is unable himself
to dictate, then let his guardian dictate in justice ....". (Surat al-Baqoroh: 282).8
Dalil Al-hajru or second mahjur stated in the Qur'an Surat an-Nisa 'paragraph 5
which reads:
It means: "And give not unto the foolish your property which Allah has made means
of support for you but feeds and clothe them therwith, and speak to them words of
kindsness anr property which Allah has made means of support for you but feeds and
clothe them therwith, and speak to them words of kindsness and justice. "(Surah An-
Nisa ': 5).9

b. Al-Hadeeth

Rasulullah SAW. said, "Verily the Prophet. Muadz and his possessions resist selling the
property to pay the debt. "
In a history that the Prophet Muhammad set Muadz bin Jabal as those in debt
and unable to pay it off (taflis / bankruptcy). Then the Prophet debts Muadz ibn Jabal
with the rest of his property. But people who do not receive the entire loan indebted
Thus he protested to the Prophet Muhammad. Then the Prophet said, "Nothing can
be given to you besides" (HR Daruquthni and Al-Hakim).
Based on the hadith, fiqh scholars have agreed stating that a judge is entitled to
assign someone bankrupt because they were unable to pay its debts. Thus legally
against the rest of his wealth and riches with the rest of the debt must be repaid.

6
Hendi Suhendi, Fiqh Muamalah, (Jakarta: King Grafindo Persada, 2011), p. 221
7
ibid
8
Ministry of Religious Affairs, Al-Qur'an and Terjemahnya, (Semarang: Al-Whoa, 1989), hal.70
9
Ibid, p. 114.
2. DIVISION OF AL-HAJRU
Viewed from the side function, Al-hajru divided into two parts which are as follows:
a. Al-hajru applied for the benefit of those who prevented use of his property like
Al-hajru in young children, insane and fools people.
b. Al-hajru applied for the benefit of others such as Al-hajru the insolvent person,
seriously ill people, slaves, apostasy, and the person who pawned.10

3. PURPOSE OF AL-HAJRU
There are several objectives mahjur often known as Al-hajru are as follows:
1.) Al-hajru or Mahjur done in order to safeguard the rights of others such as the
prevention of:
a. People who are owed more than their wealth, these people are prohibited from
managing assets in order to safeguard the rights of the indebted.
b. People who are seriously ill, it is forbidden to shop more than a third of his
property in order to safeguard the rights of heirs.
c. People who spend treasures merungguhkan forbidden treasure dirungguhkan.
d. Apostates (those who convert from Islam) prohibited from distributing his
wealth in order to protect the rights of Muslims.

2.) Mahjur done to safeguard the rights of people who dimahjur itself, such as:
a. Small children spend their wealth forbidden to grow up and are already good at
managing and controlling property.
b. Insane people are prohibited from managing his property before he recovers, it
is also done to maintain his own rights.
c. Spender prohibited spend their wealth before he was aware, it is also to uphold
the right to his property when he needed spending.11

4. CAUSES OF AL-HAJRU
People who are prevented from using his property by Shaykh Abu Suja 'there are
9 of them are as follows:12
a. Small children
He though had tamyiz unauthorized buying or selling, charity, giving wealth to
others because words do not mu'tabar, he also can not be the guardian of marriage or
perform the marriage ceremony itself despite the approval of the trustees.
b. Insane

10
Hendi Suhendi, op. Cit, p. 223.
11
Hendi Suhendi, Op. Cit, p 223-224
12
Islamic Markets, Division of Al-Hajru, quoted by: http://pasar-islam.blogspot.com/2010/10/bab-14-
mahjur-terhalang.html, Accessed on February 28, 2019.
 He is not allowed to buy and sell, give alms, a guardian, a unauthorized worship as
well as perform the ceremony even though the consent of a guardian for speech and
perwalianya not mu'tabar, but he was allowed to have firewood and hunting obtained.
c. People who lack intellect
Safih is a fool who squander their wealth without the slightest benefit back to him
either in the world or hereafter expediency, he is not allowed to use good fortune in
order to purchase or the other, legitimate worship as well as give charity.
d. People who are bankrupt
Muflis is bankrupt many people in debt and his wealth is not enough to pay it off,
she should not use the rest of his money was for the sake of safeguarding the rights of
people who have been to Him, this prohibition can only apply after the verdict. He
(muflis) validly make buying and selling, when done in tempo, he also may perform
marriages with dowries ditempokan.
e. People who are seriously ill
People who are ill and those who are in a condition which is worrying as passenger
boat when exposed to strong winds or waves buffeted by the mighty may not use his
wealth to charity, grants, wills when it has exceeded 1/3 of it in syari'atkan for the
benefit of the heirs, this prohibition does not require the decision of the judge, if the
user has exceeded 1/3 of his property then the excess was dependent on the attitude
of the heirs after his death, when the heirs are willing then alms, grants and the will
valid.
f. A servant who does not have permission to trade from the master
He may not use the property without the permission of his master, because the
sale and purchase transaction is not valid, if the goods which he purchased is damaged,
then stuff it into his dependents in the sense that it could be required to repay after
independence.
g. People who pawned
He may not sell items that have been pledged as collateral without the permission
of the person receiving the pawn.
h. Murtad
He may not do the transaction when an apostate. It is prescribed to keep its right
of Muslims, remember when he died his property becomes the property fai', the ban
becomes invalid if he has returned to Islam.
i. Matron
A woman who has a husband, is under the supervision of her husband, both
himself, his children, and possessions. Therefore, a woman has no power or authority
over his property, except treasures reserved for himself.