Research by Dr. Ruqaya Taha Al-Alwani
Professor of Islamic Studies
Department of Arabic Language and Islamic Studies
College of Arts - University of Bahrain

Research Abstract

In light of the increasing prevalence of mental illnesses in the modern era and their profound impact on various aspects of life, it has become necessary to study the effect of these disorders on legal capacity (Ahliyyah) in Islamic Sharia. This research addresses the impact of mental illnesses on an individual's capacity, particularly in the present time, given the accelerating and increasing mental health challenges. Mental illnesses include a wide range of disorders that may affect cognitive functions, behavior, emotions, and decisions, leading to the suffering of the affected individual in personal, social, and practical aspects. In some cases, they may lead to a loss of the ability to distinguish, sound perception, and the assessment of situations, which reflects on their capacity to perform obligations and responsibilities.

The study discusses the concept of mental illness linguistically and idiomatically, and the Holy Qur’an's interest in providing psychological support to humans in facing life's difficulties, which was reflected in the interest of ancient Muslim scholars in treating mental illnesses and analyzing their symptoms. The study also presents the concept of capacity and its divisions into: Capacity for Acquisition (Ahliyyat al-Wujub), relating to the eligibility to acquire rights and bear obligations; and Capacity for Execution (Ahliyyat al-Ada’), relating to the ability to engage in actions with awareness and perception.

While discussing the impediments to capacity (‘Awarid al-Ahliyyah) in Islamic Sharia, the study focuses on mental illnesses and their various classifications according to authoritative scientific references in the field of contemporary psychology. The study identifies the most important mental illnesses affecting capacity, such as dementia, schizophrenia, manic depression, acute psychotic disorders of all kinds, and severe intellectual disability—illnesses that lead to a loss of the ability for sound thinking, full perception, and decision-making. It also addresses illnesses that do not affect capacity, such as anxiety disorders, mild depression, and sleep and eating disorders, which do not hinder an individual's ability to act or affect their capacity.

Furthermore, the study examines illnesses that diminish capacity, such as acute Obsessive-Compulsive Disorder (OCD), severe depression, and bipolar disorder, emphasizing the importance of the role of psychology specialists in determining these symptoms and their effects on judging capacity. It stresses the necessity of continuous periodic evaluation in monitoring the patient's condition and capacity, given the overlap, similarity, and change of some symptoms according to the state the patient is going through, which in many mental illnesses ranges between mild, moderate, and acute/severe.

The study also discusses predisposing factors for mental illness, such as genetic factors and life events, in addition to precipitating factors, such as social isolation and environments of war and conflict. Adopting an analytical approach, the study concludes by providing recommendations aimed at reducing the spread and increase of mental illnesses, such as: spreading awareness about the importance of mental health and its impacts, providing psychological support services for those affected and their families, and rehabilitating them—especially in light of the increasing prevalence of mental illnesses and their negative effects on the institution of the family and society, with a focus on women and children, as these groups are particularly exposed to the traumas of war, conflict, migration, and displacement.

The study also emphasizes the importance of studying the consequences of these illnesses on marriage, marital stability, divorce, separation, child-rearing, and custody. The study presented a number of practical proposals for adopting projects and resolutions for the International Islamic Fiqh Academy in particular, through which it can contribute to organizing specialized scientific seminars and forming committees to help formulate practical solutions based on integrated scientific and Sharia foundations to face the challenges of mental illnesses and mitigate their effects on individuals, families, and contemporary Muslim societies, while emphasizing the importance of seeking assistance from experts in psychology, Sharia, sociology, and law.

Introduction

In light of the noticeable increase in the prevalence of mental illnesses and their deep impact on various aspects of life in the modern era, there is an urgent need to study the impact of these disorders on capacity in Islamic Sharia. This research seeks to explore the impact of mental illnesses on an individual's capacity, especially in light of accelerating mental health challenges. This study covers a wide spectrum of mental disorders that affect cognitive functions, behavior, and emotions, leading to individual suffering in personal, social, and professional aspects. In some cases, these illnesses may cause the individual to lose the ability to distinguish and perceive correctly, affecting their capacity to perform obligations and responsibilities.

The study begins by discussing the Holy Qur’an’s treatment of and interest in psychological support for humans in facing life's difficulties, which was reflected in the interest of ancient Muslim scholars in mental illnesses and methods of treating them. The study presents the concept of capacity and its divisions into Ahliyyat al-Wujub and Ahliyyat al-Ada’, with a precise explanation of each. It also highlights the impediments to capacity in Islamic Sharia, focusing on mental illnesses and their various classifications based on authoritative scientific references in psychology.

The study reviews the most important mental illnesses affecting capacity, such as dementia, schizophrenia, manic depression, acute psychotic disorders, and severe intellectual disability, and discusses the impact of these illnesses on the ability for sound thinking and decision-making. The study also addresses mental illnesses that do not affect capacity, such as anxiety disorders, mild depression, and sleep and eating disorders, in addition to illnesses that diminish capacity, such as acute OCD, severe depression, and bipolar disorder.

The study emphasizes the importance of the role of specialists in the field of psychology in identifying these symptoms and their effects, and the importance of continuous periodic evaluation to monitor the patient's condition and capacity. The study discusses predisposing factors for mental illnesses, such as genetic factors and life events, in addition to precipitating factors, such as social isolation and environments of war and conflict. This discussion aims to understand the root causes of mental illnesses and their impact on capacity.

The study concludes by providing recommendations aimed at reducing the spread of mental illnesses and their effects, such as: spreading awareness of the importance of mental health, providing psychological support services for the affected and their families, and rehabilitating them, especially in light of the increasing prevalence of mental illnesses and their negative effects on individuals, families, and societies, with a focus on the groups most vulnerable to trauma, such as women and children in areas of war and conflict.

The study seeks to provide practical proposals and a draft resolution for the International Islamic Fiqh Academy in particular to participate in formulating practical solutions based on integrated scientific and Sharia foundations to face these challenges and mitigate their effects on individuals, families, and societies, through cooperation with all experts in psychology, Sharia, and sociology. The study is presented in three detailed sections using an inductive analytical method.

Section One

The Concept of Mental Illness and Psychological Rehabilitation of the Human Being

First: The Concept of Mental Illness

• Illness Linguistically: Sickness (Saqam), which is the opposite of health. It is a generic noun. It is said: "So-and-so is ill" (marida). It refers to everything that takes a living being out of the state of health due to an ailment, hypocrisy, or deficiency in a matter (1).
• Definition of Illness Idiomatically: Al-Jurjani defined it as: "An accidental matter that takes the body out of its usual functions into a special state" (2). It is everything that takes the living being out of the limit of health and moderation due to an ailment, hypocrisy, or deficiency in a matter. Here, an indirect reference to mental illness appears, as it is a matter that does not relate to the body alone.

As for the definition among contemporaries, mental illness is: "A disorder that affects a person at any stage of their life as a result of factors of psychological origin, appearing in the form of scattered behavioral, emotional, cognitive, and physical symptoms that lead to the psychological and social maladjustment of the sufferer." Definitions have multiplied among them; it seems the consensus is that it is a state that negatively affects a person's thinking, feelings, judgments, and behaviors to a degree where their perception, attention, and memory may be impaired, which may necessitate intervention to provide the necessary care and treatment for their own interest or the interest of those around them.

Despite the complexities of diagnosing mental illnesses compared to physical ones that can be confirmed by medical examinations, mental illness is usually observed through changes in a person's behavior or their view of the world, or both (3). We can say that mental illnesses are a group of deviations that do not necessarily result from a physical or organic imbalance or damage to the brain structure, even if their symptoms are physical or organic. These deviations take various forms, most importantly psychological tension, depression, anxiety, and obsessions. Classifications of mental illnesses and their types vary, as will be clarified in its place.

Second: Illness and Psychological Support in the Holy Qur’an

Mental illness is not mentioned explicitly in the Holy Qur’an, but the Qur’an expresses terms that may resemble mental illness from certain angles, including: "Disease of the heart" (Marad al-Qalb), referring to certain types of corruption and internal disorder that affect thought, will, and behavior. This type can be a result of desires that obscure the vision of truth or doubts that push a person toward falsehood. This is distinct from mental illness as will be detailed.

Despite the Qur’an not explicitly mentioning mental illnesses, the focus in it is directed toward the means of healing from them and guiding the human being toward correct behavior to achieve psychological tranquility in the face of various situations and traumas. This is what has become known in psychology as psychological rehabilitation and support, which is a comprehensive process aimed at enhancing the individual's mental health and enabling them to face life challenges effectively through cognitive and behavioral mechanisms and methods. This process includes several integrated stages and methods that aspire to improve the individual's psychological state. This rehabilitation includes many tools and methods, such as providing a supportive environment from family, peers, and society, and emphasizing the importance of social relationships and strengthening them (1).

The Holy Qur’an contains many texts indicating the importance of psychologically rehabilitating the human being and the support of family and society, highlighting divine care for the individual's mental and social health before modern studies addressed them. In fact, Qur’anic texts went further by making directives and instructions that enhance social cohesion the foundations for supporting faith, piety, and righteous deeds. It is no secret that preserving the intellect and the self are among the five necessities (Al-Daruriyyat al-Khams) in Islam, which enhances the individual's ability to make sound decisions and bear responsibilities with awareness and perception. A psychologically and mentally healthy person is capable of effective work and achieving compassion and cooperation among members of society, which is emphasized by Islamic Sharia.

Furthermore, achieving psychological and emotional balance helps the individual face life's challenges and pressures with a steadfastness that enhances their psychological and spiritual strength. Hence, the Qur’an’s interest was in treating mental illnesses, or rather preventing and treating them from their beginnings through its wise directives that help individuals deal with psychological pressures and anxiety in positive and effective ways. For example, the Qur’an emphasizes that its recitation and contemplation can alleviate sadness and anxiety, as stated in the Almighty's saying: “O mankind, there has to come to you instruction from your Lord and healing for what is in the breasts and guidance and mercy for the believers” [Yunus: 57].

Also, faith in Allah and adherence to His teachings are a strong foundation for the health of the soul. Faith in Allah sends tranquility and peace into the heart of the believer, as stated in the Almighty's saying: “Those who have believed and whose hearts are assured by the remembrance of Allah. Unquestionably, by the remembrance of Allah hearts are assured” [Ar-Ra'd: 28]. Tranquility is an important factor in alleviating psychological tensions and disorders, as it removes fear and anxiety from the believer's soul and gives them a sense of security and stability.

The Qur’an emphasizes the importance of patience and teaches believers to change their view of trials, tribulations, and traumas as tests from Allah Almighty, and that patience increases their psychological strength and grants them a great reward alongside strengthening the factors for facing them with wise methods; Allah Almighty says: “And give good tidings to the patient * Who, when disaster strikes them, say, 'Indeed we belong to Allah, and indeed to Him we will return'” [Al-Baqarah: 155, 156]. This patience helps the believer face difficulties with optimism and strength, contributing to the improvement of their psychological state.

The Qur’an besieges and eliminates despair (Ya’s), which is a psychological state consisting of losing hope in good and is considered the opposite of hope (Raja’). The despairing person suffers from a loss of will, weak activity, and constant fear, in addition to obsessions, anxiety, and hatred toward others. The Qur’an explains that despair arises as a result of one of two things: the disappearance of a blessing or mercy. Allah says: “And if We give man a taste of mercy from Us and then We withdraw it from him, indeed, he is despairing and ungrateful” [Hud: 9]. Psychologists emphasize the importance and role of hope in treating many cases of mental illness. The Qur’an spoke about the importance of hope, forbade despair explicitly, and considered despair a type of disbelief. Frustration is a state a person goes through when they cannot achieve a certain goal. The Qur’an describes this state by saying: “And it was already revealed to you and to those before you that if you should associate [anything] with Allah, your work would surely become worthless, and you would surely be among the losers” [Az-Zumar: 65]. They also emphasize that most mental illnesses, especially frustration, go back to dissatisfaction with reality and surrounding circumstances, and dissatisfaction with oneself (1). In severe cases, frustration can turn into a mental illness in itself that is difficult to treat and recover from.

A number of psychologists believe that the psychological state affects the body's posture, movements, and appearance. They advise pretending to be happy and joyful until the feeling begins to improve gradually (2). If we contemplate the Qur’an, we find Qur’anic texts directing the human being to surrender to Allah, contemplate, and delegate matters to Allah the Almighty, which clarifies the effective impact of that: “And whoever submits his face to Allah while he is a doer of good - then he has grasped the most trustworthy handhold. And to Allah will be the outcome of [all] matters” [Luqman: 22].

The Holy Qur’an presented mechanisms for treatment, support, and prevention for humans from falling into the clutches of mental illnesses. it also provided practical steps on how to deal with problems, circumstances, and changes that a person may face. It is considered an effective tool for treatment, psychological support, and prevention for the believer, achieving psychological peace and overcoming many mental illnesses. It is also no secret what the Qur’an provides to the individual in terms of preventive means against mental illnesses, such as: social bonds, strong social relationships, and psychological support from friends and family... all of which are factors contributing to the prevention of mental illnesses. Social networks are considered a primary source of emotional support according to specialized psychological studies (3).

Given the abundance of references and studies related to details showing the deep and close connection between what was mentioned in the Holy Qur’an and the latest scientific studies in mental health (1), the previous examples suffice here, with the study emphasizing the importance of specialized researchers continuing in these fields to uncover those Qur’anic subtleties and graces that guarantee a healthy psychological life for humans despite surrounding circumstances, making them a legally responsible person (Mukallaf) capable of bearing the task of vicegerency on earth. Indeed, these could form the pillars for establishing a realistic Islamic psychology (2).

Third: The Concept of Mental Illness in Islamic Heritage

The Holy Qur’an played a major role in fighting all forms of superstition and sorcery to direct people toward healing based on science, observation, and experimentation. Thus, it crystallized the concepts of respect and honor for the human mind and freed the mind from the authority of submission to priests, sorcerers, and charlatans who often claimed their ability to deal with mental illnesses and others through methods that did not deviate from divination, sorcery, and inherited myths.

In contrast, ancient Muslim scholars considered treating the human soul a basis for achieving psychological balance and moderation. Some of them tried to link the mind and the body; Abu Bakr al-Razi is considered one of the first to realize this relationship, emphasizing the importance of psychological treatment alongside clinical treatment. He wrote about mental illnesses such as depression and anxiety and described methods for treating them, rejecting the idea of dualism and the difference between physical health and mental health. Mental health and the extent of self-respect are among the elements that directly affect a person's level of health and the amount of their well-being and safety (3).

We can say that ancient Muslim scholars addressed psychological phenomena from their various scientific interests, but they treated them with full awareness that they are functions, processes, and relationships in the human soul treated with science-based methods. They were not viewed as a stigma or shame requiring isolation from society or a gateway to enter the world of superstition and sorcery.

Section Two

The Concept of Capacity (Ahliyyah) in Islamic Sharia: Its Types and Bases

First: The Concept of Capacity

Capacity linguistically means suitability (Salahiyyah); it is said "So-and-so is Ahl (fit) to sell what he wants," meaning he is suitable for that. As for the Fiqh idiom, capacity means the suitability of a human being for rights to be established for them and duties to be binding upon them, and to be qualified to conclude contracts and initiate actions, meaning their suitability to obligate others and obligate themselves (1).

Full capacity is achieved when the descriptions of Islam, intellect, puberty, justice (‘Adalah), and freedom are combined in a person. The actions of those who lack these descriptions are not considered. It is worth noting that there is a strong link between capacity and legal personality (Dhimmah), to the extent that many jurists equated them, considering the Dhimmah to be the capacity itself, as Al-Qarafi pointed out in "Al-Furuq," where he said: "Know that the Dhimmah's definition was problematic for many jurists; there is a group that believes it is the capacity for transaction" (2). However, the Dhimmah and full capacity for acquisition are inseparable in their existence but distinct in their concept. Capacity progresses with a person's age and is divided into Capacity for Acquisition (Ahliyyat al-Wujub) and Capacity for Execution (Ahliyyat al-Ada’). Capacity for acquisition begins when the human is a fetus. Upon reaching the age of seven, the child is considered non-discerning (Ghayr Mumayyiz), so no duties toward others are established for them. Capacity develops here over time; from the age of seven to maturity (Rushd), the boy has deficient capacity for execution, during which he may practice some beneficial actions. Upon puberty and maturity, the person enjoys full capacity for execution, provided there are no impediments, being in full possession of their mental faculties and not under interdiction (Hajr).

Second: Types of Capacity

Capacity for Acquisition is divided into deficient and complete. Deficient capacity enables the fetus to establish rights such as inheritance and lineage, while complete capacity begins at birth and includes financial rights and some duties that can be performed by proxy. The financial Dhimmah is the axis around which the basis of complete capacity for acquisition revolves.

Capacity for Execution represents the highest levels of Sharia capacity and is only acquired according to certain conditions. This capacity requires the availability of intellect and discernment (Tamyiz) and is divided into deficient and complete capacity. Deficient capacity begins from the age of seven and increases gradually until the person reaches the age of maturity. Full capacity grants the human the ability to carry out all Sharia obligations and full disposal of their wealth (1). Capacity for execution is what makes a human fit for dealing with people, and their expressions valid for accepting and establishing rights for or against them. The basis of this capacity is discernment and intellect.

Third: Regulations and Bases of Capacity

There are regulations that must be observed and adhered to when discussing any impediment in all Sharia actions and obligations. These regulations are general and fundamental, covering all rights related to the legally responsible person (Mukallaf). Sub-regulations specific to each impediment may be added depending on the case or phenomenon.

In Islamic Sharia, the basis for the capacity for acquisition is the "human quality," and it has no relation to "age," "intellect," or "maturity." Rather, every human being in any stage or description, even if a child or insane, is considered to enjoy the capacity for acquisition. Thus, the human quality is the first regulation for the capacity for acquisition. That is, the capacity for acquisition is built on the realization and existence of the Dhimmah for the one for whom capacity is established. Hence, humans are distinguished by obligation, unlike animals which have no Dhimmah. As for the Dhimmah, it is a conceptual vessel whose existence is estimated in the text to establish debts and all other obligations that fall upon the person.

Furthermore, legal obligation (Taklif) is not directed at anyone unless they enjoy physical ability alongside the mental element, because practical religious obligations require physical ability, including acts of worship like prayer, fasting, and Hajj, as well as various practical communal duties.

Fourth: Impediments to Capacity (‘Awarid al-Ahliyyah)

Capacity is affected by various types of impediments, divisions, rules, and rulings that depend on the human's state, stage, and the natural condition in which they were born. It is possible for a person to be exposed to physical or mental impediments that affect their capacity totally or partially. The degree of impact of these impediments varies based on their type and nature. Therefore, scholars of Usul divided these impediments into two parts: Heavenly (Natural) Impediments (Al-‘Awarid al-Samawiyyah) or original ones, also known as innate impediments.

"Impediments" (‘Awarid) is the plural of ‘Arid or ‘Aridah, meaning an accidental trait or an accidental affliction. The word "impediments" here is understood as not being among the essential attributes. A natural or innate impediment is a matter that afflicts a human without them having a role in its occurrence or timing. Its existence and occurrence go back to the will of Allah the Almighty, as these impediments come outside of human will and choice (2).

The discussion in this context is about impediments to capacity in terms of being cases where a human reaches the age of maturity sane and sound (full capacity) and then is afflicted by an impediment that diminishes or nullifies that capacity, or they reach the age of maturity already afflicted by an impediment that diminishes or nullifies it. Do mental illnesses fall under these impediments leading to the deficiency of the capacity for execution or its loss and nullification?

Section Three

Types and Classifications of Mental Illnesses and Their Effects on Capacity

Most jurists used the term Insanity (Junun) as a general and comprehensive term encompassing all types of mental and psychological illnesses because it affects the integrity of perception and intellect. However, the concept of insanity in psychiatric and psychological terminology does not include or express all the mental and psychological disorders that may afflict a person. Furthermore, in light of the developments and changes occurring in the field of psychiatry, diagnosis, and treatment methods, determining the impediments to capacity—in terms of loss or deficiency from a medical perspective in the way adopted by previous jurists (insanity, idiocy, profligacy, and heedlessness)—is a matter that requires serious and continuous communication between specialists and Sharia scholars. It is necessary to take into account the development of mental illness classifications among specialists, identifying their symptoms and distinguishing them due to the overlap between them and their symptoms, and the development and change of their treatments from one case to another and from one stage to another.

This confirms the need for Fiqh academies and authoritative encyclopedias in Islamic Fiqh to look into and investigate modern classifications of mental and psychological disorders that nullify or diminish capacity. This necessitates the importance of bringing medical terms for mental illnesses and others closer to appropriate Fiqh names and vocabulary that are consistent with the objectives of Sharia and the rulings resulting from them. The opinions of experts in each field should also be taken.

First: Types and Classifications of Mental Illnesses and the Most Common Ones

Mental illnesses vary and differ in terms of their severity and impact on the affected person. Given the multiplicity of these illnesses and their different impacts, psychiatrists have tried to classify them into categories to facilitate their study and clarify their symptoms. The World Health Organization classification (ICD-10) is the most famous, accurate, and comprehensive (1). It is a classification reviewed periodically due to the development in understanding mental illnesses with the progress of research in psychological and neurological sciences. The understanding of mental illnesses changes accordingly, and new discoveries contribute to improving diagnosis and treatment, necessitating the update of classifications to be compatible with the latest scientific knowledge.

The criteria used to diagnose mental illnesses also change over time based on clinical research and scientific reviews. These changes can lead to the reclassification of some illnesses or the addition of new ones not previously known. Reviewing classifications helps adapt public health strategies to meet the changing needs of populations worldwide, improve diagnostic accuracy, and develop more effective treatments.

Mental illnesses branch into 300 psychological disorders according to their severity: high risk, medium risk, and low risk. Mental illnesses—according to the most famous classification issued by the WHO—are as follows:

1. Organic Mental Disorders: These include Dementia, a group of symptoms affecting the brain that hinder normal brain functions such as thinking, problem-solving, and language use, which in turn hinders the person's functional and social performance. Disorders also include Delirium, a disturbance in consciousness and perception of the environment, characterized by difficulty in concentration and attention, changes in perception leading to forgetfulness, lack of awareness of time and place, and slurred speech. The patient may feel unable to recognize familiar places and suffer from hallucinations, such as imagining sounds and things that do not exist, alongside speech and movement disorders like trembling of fingers and hands, and sometimes violent behavior and sudden emotional changes. These symptoms may last for short periods ranging from hours to a few days and are fluctuating. Among them is Amnestic Syndrome, an organic brain disorder leading to short-term memory disturbance. It can result from several causes, such as alcohol consumption, head injuries, lack of oxygen in the brain, arterial blockage, drug misuse, poisoning, encephalitis, and hypoglycemia. Symptoms manifest in difficulty remembering things, difficulty learning and acquiring new information, and feeling frustrated (1).
2. Mental and Behavioral Disorders due to Psychoactive Substance Use: Such as alcohol, opioids, cannabis, sedatives, hypnotics, and tobacco.
3. Schizophrenia Disorders: A mental disorder characterized by abnormal social behavior and failure to distinguish reality. Common symptoms include delusions, thought disorder, auditory hallucinations, in addition to reduced social participation, emotional expression, and lack of will. Those with schizophrenia often suffer from other psychological problems such as anxiety disorder, depressive disorder, and substance use disorder. Symptoms usually appear gradually, starting in adulthood and lasting for a long time (1). Schizophrenia is considered one of the most serious and chronic types of mental illness that negatively affects the patient's mental integrity; symptoms vary according to their severity and type.
4. Mood (Affective) Disorders: These include manic episodes and Bipolar Affective Disorder, a chronic and hereditary mental disorder characterized by unusual mood swings including episodes of depression and mania or both alternately in the patient's life. This disorder may sometimes appear without clear symptoms or be accompanied by mild symptoms. Also included is the Depressive Episode and Recurrent Depressive Disorder: a mood state that affects a person for certain reasons, or may be without a cause, and this state may reach a severity that affects thinking, behavior, emotions, and physical health, and may push the sufferer to harm themselves and others (2).
5. Neurotic, Stress-Related, and Somatoform Disorders: Such as phobic anxiety disorders, Obsessive-Compulsive Disorder (OCD), and other anxiety-related disorders. These are a group of mental disorders in which anxiety and fear trigger certain situations irrationally and excessively, leading to the compulsive avoidance of these situations or things. These disorders include several types, such as: Social Phobia, characterized by fear of social situations or performance before others, and Specific Phobia, relating to fear of specific things or situations, such as flying, heights, or animals. These disorders are characterized by a high level of anxiety that far exceeds the actual threat posed by these situations or things (1).
6. Behavioral Syndromes Associated with Physiological Disturbances and Physical Factors: Such as eating disorders, non-organic sleep disorders, and sexual dysfunction not caused by an organic disorder or disease.
7. Disorders of Adult Personality and Behavior: These include specific personality disorders, such as Avoidant Personality Disorder, habit and impulse disorders, and gender identity disorders.
8. Intellectual Disability: Includes various degrees and types of intellectual disability.
9. Disorders of Psychological Development: These include specific developmental disorders of speech and language and scholastic skills, and pervasive developmental disorders, such as Childhood Autism.
10. Behavioral and Emotional Disorders with Onset Usually Occurring in Childhood and Adolescence: Such as Hyperkinetic disorders (ADHD), conduct disorders, separation anxiety disorder in childhood, and non-organic enuresis (2).

Mental illnesses of all types constitute an increasing global health challenge, affecting millions of people worldwide. Societies are currently witnessing a noticeable rise in the prevalence of these illnesses, with significant impacts on individuals, families, and entire communities. WHO reports indicate that mental disorder affects one in every 8 people in the world. Mental disorders involve significant disturbances in thinking, emotional regulation, or behavior. There are many different types of mental disorders. A mental disorder is characterized by a clinically significant disturbance in an individual's cognition, emotional regulation, or behavior, usually associated with distress or impairment in important areas of functioning. In 2019, one in every 8 people, or 970 million people worldwide, were living with a mental disorder, with anxiety and depression being the most common forms. The year 2020 saw a significant rise in the number of people suffering from anxiety and depressive disorders due to the COVID-19 pandemic, with initial estimates showing a 26% increase in anxiety disorders and a 28% increase in major depressive disorders in just one year.

Despite the existence of effective options in prevention and treatment, most people with mental disorders do not have access to effective care. Many also suffer from stigma, discrimination, and human rights violations. WHO reports also indicate that depression affects more than 280 million people worldwide. The risk of major depressive disorder in women is nearly twice as high as in men; this is attributed to hormonal changes during puberty, pregnancy, and miscarriage, in addition to the stress she is exposed to while balancing home and work pressures (1). About 284 million people suffer from anxiety disorders, including generalized anxiety disorder, panic disorder, and social anxiety or phobia. Schizophrenia affects about 20 million people globally and leads to severe disturbances in thinking and behavior. Bipolar disorder affects about 45 million people, a disorder characterized by acute mood swings between mania and depression. Post-Traumatic Stress Disorder (PTSD) is particularly prevalent in areas affected by conflict and war, affecting millions who have been exposed to traumatic experiences (1).

This rise constitutes dangerous indicators for the institution of the family in particular, alongside the individual, as it significantly affects all family members. Families may face social isolation due to the stigma associated with mental illnesses, leading to reduced social support for them. Roles and responsibilities within the family may change to adapt to the needs of the affected individual, causing tension between members, in addition to the high cost of treatment and medication for most mental illnesses, which constitutes a financial burden on the family. Children living in a tense environment often show irregular behaviors or suffer from problems due to constant anxiety and tension in the family. This necessitates attention to these topics in the context of discussing mental illnesses. The situation calls for attention to the families of mental patients through support from psychological counselors, support groups, or specialized health institutions, alongside educating family members about mental illness and how to deal with it; this can help reduce fear and stigma and improve the family's ability to adapt.

Second: Causes of the Spread of Mental Illnesses

Several factors overlap in the development and spread of mental illnesses, and these factors can be classified into three main categories: predisposing factors, precipitating factors, and environmental factors. Each of these categories contributes in a different way to the emergence and exacerbation of mental disorders.

• Genetic Factors: Genes play a major role in the likelihood of developing mental disorders. People with a family history of mental illnesses are more susceptible. Also, chemical changes in the brain; imbalances in neurotransmitters such as serotonin and dopamine can lead to disorders like depression and anxiety (1).
• Precipitating Factors (Triggers): Triggering factors can be summarized in the following main points:
  • Exposure to painful events, such as losing a loved one, accidents, or assaults, can trigger the emergence of mental disorders like PTSD and depression.
  • Chronic pressures resulting from work, personal relationships, or financial problems can be a trigger for the emergence of anxiety and depressive disorders (2).
  • Affliction with chronic or serious diseases such as cancer or heart disease can lead to mental disorders as a result of the psychological and physical pressure associated with these diseases.
  • Drug and alcohol use can contribute to the emergence or exacerbation of mental disorders such as depression, anxiety, and psychosis.
  • Tension and psychological pressure: Increasing daily pressures, whether from work or personal life, contribute to increased rates of anxiety and depression.
  • Difficult economic conditions contribute to increased rates of anxiety and depression, such as poverty, unemployment, high cost of living, and epidemics and their spread, such as the Corona pandemic.
  • Social isolation: Lack of social support and loneliness can lead to the exacerbation of mental disorders.
  • It seems that the significant increase in life pressures in contemporary societies due to rapid economic and social changes—poverty, unemployment, and high cost of living—contributes to increased levels of anxiety and depression (1).
  • Excessive use of social media also constitutes a factor in increasing rates of anxiety and depression, feelings of isolation, negative social comparison, and low self-esteem... necessitating rationalization and awareness in dealing with them.
• Environmental Factors: Conflicts and wars contribute to increased rates of PTSD and anxiety, alongside catastrophic events such as earthquakes and floods that can lead to mental disorders among survivors. In the current context witnessing escalating wars and global tensions, which are widely reflected through the media, individuals are exposed to psychological and social pressures that may significantly affect the rise of mental illnesses and the increase of their symptoms, alongside the emergence of social disorders ranging from anxiety and depression to more serious cases such as severe psychological stress disorders and PTSD.

Post-Traumatic Stress Disorder (PTSD) is a mental disorder that develops after exposure to a traumatic or terrifying event. Common traumatic events include: wars, physical or sexual assaults, serious accidents, or natural disasters (2). This is a psychological condition that was not known in psychiatry before 1980. Before that, scientists used different terms such as "shell shock" or "battle fatigue." In 1980, the American Psychiatric Association (APA) introduced the term PTSD to refer to a mental disorder following the occurrence of trauma due to war. Recent studies have revealed that those suffering from severe or moderate PTSD do not separate reality from imagination; the sufferer mixes their dreams and reality with the presence of insomnia and mental and physical exhaustion. These difficulties can lead to a clear deterioration in the functions of the family in which the sufferers live, and an increase in cases of domestic violence (1). Wars are among the most dangerous circumstances causing PTSD in general, and the matter is more dangerous for children, although studies addressing this topic in children are still generally limited.

Thus, biological, psychological, social, and environmental factors overlap to lead to increased rates of mental illnesses. This makes it necessary to enhance awareness about mental health, provide the necessary support for affected individuals and their families, and work on improving social and economic conditions to reduce the factors contributing to the spread of mental disorders. Despite the prevalence of mental illnesses, they are often not diagnosed, and many patients remain hesitant to seek medical help. This results in the exacerbation of the effects and consequences for the affected individual, their family, and those around them.

Third: The Impact of Mental Illnesses of All Types on Capacity

Mental illnesses differ in their types and the extent of their impact on human capacity. They also vary according to the degree of loss of perception and discernment that the patient suffers from. If the illness leads to a total loss of perception and discernment between right and wrong, then the rulings of insanity apply to them, and they lose the capacity for execution completely. However, if perception and discernment only decrease partially, the patient can be likened to the "idiot" (Ma’tuh), where special rulings are applied that recognize the decrease in their mental and discerning abilities in some aspects. This sufferer differs from healthy people who retain their perception and discernment fully all the time.

The basic criterion for determining the quality of the mental patient's condition and the impact of mental illnesses on capacity depends on the assessment of psychological specialists. They determine the extent of the impact of mental disorders on the patient's abilities to think, perceive, and discern, and based on that, they make appropriate decisions regarding treatment, assessment of the condition, and necessary support.

Impediments that affect capacity include those that affect the intellect and those that affect maturity. Impediments affecting the intellect are two: Insanity (Junun) and Idiocy (‘Atah). Impediments affecting maturity are also two: Profligacy (Safah) and Heedlessness (Ghaflah). This study is specific to discussing impediments affecting the intellect.

Impediments affecting capacity in general include: Insanity, which is a mental state leading to the person losing the ability to discern and control their actions. Alongside Minority (Sighar), the period of childhood in which a human does not possess full mental maturity; Senility (Haram), the state of old age accompanied by weak mental and physical ability; and Mental Illness, which are mental health conditions that significantly affect perception and actions.

If a person has full capacity and enjoys their mental faculties and is then afflicted by an impediment that takes away the intellect—which is the basis of maturity and legal obligation—their capacity falls or decreases according to the state of the impediment: strength, weakness, continuity, or intermittency. If that impediment disappears, their capacity returns to them again, and they can practice their life normally, performing all religious duties, actions, obligations, buying, and selling. The effects of impediments end as soon as they disappear, and the human returns to full capacity as they were before.

Since capacity in Islamic Fiqh is divided into two main types: Capacity for Acquisition (Ahliyyat al-Wujub), which refers to the suitability of a human for rights to be established for them and duties to be binding upon them. This capacity is established for every human simply by being human, from the moment of being a fetus until death. This capacity is not affected by any type of mental illness. It is a fixed attribute for every human, and what is obligatory for the insane by virtue of this capacity—in terms of financial duties—is performed by their guardian on their behalf. If they assault a person or property, they are held financially, not physically, accountable.

Capacity for Execution (Ahliyyat al-Ada’) refers to the suitability of a human for a word or deed to proceed from them in a way that is legally recognized. Before puberty, the capacity for execution is considered deficient, and it becomes complete after puberty, provided the conditions of legal obligation (Taklif) are met. If these conditions or some of them are disturbed, it affects the human's capacity. Accordingly, impediments to capacity are of types:

1. Impediments Nullifying Capacity: Cases where intellect and discernment are absent, such as insanity, sleep, and fainting. In these cases, the person's capacity is nullified just as the capacity of the non-discerning child is nullified.
2. Impediments Diminishing Capacity: Cases where discernment is absent, such as the case of the discerning child, where their actions that are purely beneficial to them are considered valid.
3. Impediments Affecting Some Actions: Cases that affect the ruling on some actions, such as profligacy, intoxication, and death-sickness (Marad al-Mawt).

From here, the impact of mental illnesses on capacity (capacity for execution) can be classified into:

1. Mental Illnesses Nullifying Perception, Affecting and Nullifying Capacity for Execution: This category includes every illness or disturbance leading to the total or partial absence of perception and discernment in the sufferer, such that the sufferer becomes subject to the rulings of the insane. The basis for identifying and classifying mental disturbances and illnesses that nullify capacity—even if their names differ—as a state of insanity or idiocy is the disappearance of perception and the loss of intellect, whether total (expressed as insanity) or partial (expressed as idiocy in jurists' terminology). The names of this type of disorder, whether psychosis, neurosis, or others, are of no consequence. Accordingly, as long as the person's perception and discernment are sound, the psychologically disturbed person is considered legally responsible, qualified, sane, and responsible for their actions regardless of the type of their disturbance (1). Therefore, the one who lacks perception—whether called an idiot, insane, or having another name according to modern mental illness classifications—the criterion for acquiring capacity for execution and the establishment of responsibility is the existence of perception. If perception is absent in some disturbances, even if their names differ and their manifestations multiply, the result is the loss and nullification of capacity (2). This matter is important in preserving the specificity of Sharia and medical terms each in its field without confusion, while emphasizing the importance of focusing on the objective and not being preoccupied with changing names. Examples of these illnesses:

   • Progressive Dementia: Which leads to the loss of many basic cognitive abilities of the patient, including: memory in its various stages, concentration, thinking abilities and processes, and even the ability to speak, understand, and know the names of things (3). Among the most important causes of progressive dementia is Alzheimer's disease, in addition to other causes such as vascular dementia and frontotemporal dementia. This leads to the loss of the ability to form a valid will, and thus leads to the loss of capacity (4).
   • Severe Intellectual Disability: Which disables basic mental abilities; the patient becomes unable to think soundly, concentrate, or emote correctly, although they may be aware of what is around them, but they cannot discern or perceive fully. It is a state of developmental disorders characterized by a severe delay in mental and functional development, significantly affecting the person's ability to think, learn, and adapt to daily life (1). In this sense, it approaches Idiocy (‘Atah), which is a mental defect less than insanity that afflicts a person, taking away their perception and causing them to lose discernment. The idiot differs from the insane in their calm, non-violent appearance. Looking at the words of jurists, one finds that idiocy strips the person of legal obligation; it is a weakness in the intellect resulting in weakness in awareness and perception, evident through corrupted understanding and weak management. The idiot is considered to have deficient capacity. As for Insanity, it is a disturbance in the intellect resulting in disorder or agitation, and the person is considered to have lost capacity. The general principle for the insane is that they are considered like the non-discerning child in all their rulings. As for the idiot, there is disagreement regarding their actions; the majority treat them like the discerning child. Their actions are subject to approval, and some detailed their transactions such that their capacity allows them to conclude purely beneficial contracts but not purely harmful ones. As for contracts revolving between benefit and harm, they are suspended pending the approval of the guardian or trustee (2).
   • Acute Schizophrenic Episode: In which the patient's thinking is significantly affected, becoming governed by the hallucinations they hear and the delusions and illusory ideas they are convinced of, reflecting the patient's disconnection from reality and loss of the ability to distinguish between reality and imagination. This leads to certain actions and behaviors stemming from those ideas, making them lose will and choice, and thus losing capacity.
   • Acute Bipolar Disorder Episodes: Which lead to loss of consciousness and perception (3). The patient goes through some completely normal periods. Also included are Acute Epileptic Seizures resulting in loss of consciousness, as they lose and nullify capacity. If a person loses their intellect and the ability to discern and judge matters around them, they become devoid of capacity, like the insane and the small child. Therefore, actions proceeding from them are not valid and no Sharia effects result from them. This state is known to jurists as Intermittent Insanity (1) if it comes and goes from time to time. If perception disappears or weakens in a specific case or cases, but the patient perceives fully otherwise, they are legally responsible and qualified in what they perceive, and insane in the aspects where their perception or discernment is absent or weak, so their capacity falls accordingly; this is what is known as intermittent insanity.

2. Mental Illnesses Not Affecting Capacity for Execution: We mentioned that the criterion in judging the patient's capacity is the loss of perception necessitating the loss of capacity for execution, and the difference in names in the classifications of these mental illnesses does not matter; the criterion is the objectives and meanings, not the words and structures. This allows for benefiting from the classifications and names of contemporary psychology and its specialists when discussing the impact of mental illnesses on capacity. The most famous illnesses that do not affect capacity if the degree of the illness is at mild levels are:

   • Obsessive-Compulsive Disorder (OCD): A state characterized by thoughts and actions that the affected person cannot control, despite knowing they are irrational and unacceptable. The OCD patient is exposed to repetitive and confusing thoughts that force them to perform repetitive actions excessively, and this is outside their true will. The sufferer feels severe psychological pressure as a result of these compulsive thoughts and actions, affecting their ability to make decisions correctly and logically. It may also hinder the individual from performing their daily tasks due to constant anxiety and difficulty concentrating, affecting their ability to fulfill obligations. The patient is unable to achieve sound and studied judgment in certain situations due to the thoughts and actions imposed on them by the obsession. Despite the patient's awareness that their actions and thoughts are unreasonable, they find themselves unable to control them or get rid of them easily (1). This type of illness affects the will but does not affect the integrity of perception and discernment in its mild degree.
   • Chronic Mild and Moderate Depression: Depression has many types and classifications according to the Diagnostic and Statistical Manual of Mental Disorders (DSM-V), which classifies psychological depression within mood disorders (2). From here, the importance of the judgment of psychological specialists on the state of the patient with depression and other psychological disorders emerges, and their decisive role in estimating and analyzing the patient's condition. The impact of this on capacity reflects the ability for sound thinking and making correct decisions according to ethical and legal standards. Psychiatrists are the primary reference for determining the quality of the psychological disorder in the patient and accurately estimating their condition. They possess the knowledge and experience necessary to recognize the symptoms of depression and distinguish between different degrees of severity and the impact on the patient's mental abilities, such as the ability to concentrate, sound thinking, and the ability for correct social interaction. These illnesses—in their mild, non-acute, and non-severe degree—do not cause the sufferer to lose the ability for perception and discernment. Thus, the human is considered to have full capacity for execution, all their actions are recognized, and Sharia rights and duties result from them. The human is fit for all Sharia obligations. Also included are eating and sleep disorders, and phobia of high places... they do not cause the sufferer to lose the ability for perception or discernment; also, the sufferer seeks treatment to get rid of such cases.

3. Mental Illnesses Diminishing Capacity: Mental illnesses are not of one degree; some vary in intensity from time to time. Some are mild where cognitive and perceptual functions are not disturbed, and some are acute. This confirms the role of the specialist psychiatrist in diagnosing the sufferer's condition and dealing with it, taking into account the overlap of some accompanying symptoms with each other and the difficulty of diagnosis sometimes (1). Accordingly, the cases previously mentioned, such as chronic depression, OCD, schizophrenia, and others, may lead the sufferer to make unstudied decisions during episodes of mania and agitation or the inability to perform any activity, affecting the individual's capacity to commit to their daily and professional duties (2) and having an effect in diminishing capacity and lightening the obligation, not lifting it (3). Depression, for example, is a psychological state characterized by feelings of severe sadness and a drop in mood, and may be accompanied by loss of interest and pleasure in daily activities and feelings of exhaustion and anxiety. Severe depression, depending on its degree, can affect capacity but does not nullify it—that is, the ability to make decisions according to the rulings of Islamic Sharia and the standards of ethics and social norms. Severe cases of depression affect capacity due to the negative impact on the ability for sound thinking and mental analysis (4). The depressed person often suffers from difficulties in concentration and making studied decisions, which may lead to an inaccurate assessment of matters and making unstudied or inappropriate decisions. Accordingly, depending on the degree of depression, it is considered an influential factor in the ability to bear responsibility, leading to a weakness in will and choice; thus leading to a deficiency in the capacity for execution, according to the diagnosis of the degree and case.

Similarly, OCD during its intensity; based on this, scholars have held that the issuance of the word of divorce—for example—from a person with OCD is looked at in terms of its degree:

• Either they have not lost their intellect, and the divorce is due to something other than the obsession, such as a person whose obsession is not about divorce (e.g., purity) and then divorces his wife out of dislike for her; in this case, the divorce occurs by consensus because he is a legally responsible person who divorced by choice (1).
• Or the divorce occurs when the obsession intensifies, and he talks to himself about divorce. If he talks to himself about divorce but does not utter it, jurists have differed on whether the divorce occurs or not on two opinions (2): the chosen one is that the divorce does not occur. This was held by the majority of jurists from the Hanafis, Shafi’is, and Hanbalis. Their evidence is that Allah the Almighty does not burden a soul beyond its capacity, and if we were to say the obsessive person's divorce is valid simply by talking to himself, that would be burdening the human with what is not in their capacity, which is negated by the text of the Qur’an; this is the weightier view according to what was mentioned.

Also included in these cases is Severe PTSD, as it can affect and diminish capacity; the sufferer suffers from weak concentration and memory, severe fear, and depression, leading to the deterioration of the person's psychological state in their critical condition. Here, the importance of the need for medical and psychological evaluation to determine the extent of the disorder's impact on their capacity appears. Jurists and doctors can work together to provide appropriate care and Sharia guidance for such cases.

The conclusion is that if mental illnesses lead to the total loss of perception and discernment, the patient falls under the rulings of insanity and thus loses capacity, unlike mental illnesses leading to partial loss of perception; in this case, the patient can be likened to the idiot and takes their rulings (3). If the cases do not affect the patient's perception and ability to discern, they do not affect their capacity.

Global reports indicate that mental illnesses have become a real and increasing concern and challenge for public health worldwide. Their prevalence varies between anxiety and depression, and the categories of youth, women, and children have become among the most vulnerable groups in society to mental illnesses of various types. As previously indicated, degrees of depression vary and—in general—it does not affect capacity in terms of loss of perception and discernment, but it can lead to: weak concentration and difficulty in making decisions, and a decrease in energy and motivation, affecting the individual's ability to perform daily and practical tasks. It can also affect the individual's ability to bear social and family responsibilities (4).

Fourth: Mechanisms for Determining the Impact of Mental Illnesses on Capacity and Mitigating Them

To determine a person's capacity for execution and acquisition in Islamic Sharia, it is necessary to consider both medical and Sharia aspects together. This requires close cooperation between jurists and psychiatrists, in addition to the competent judicial authorities, to ensure an accurate and fair assessment of the individual's condition.

• Medical Examination: The individual must undergo a comprehensive medical examination conducted by a specialist psychiatrist to determine the type and severity of the mental illness and its impact on mental abilities.
• Accurate Diagnosis: Diagnosis depends on specific criteria such as DSM-5 or ICD-10, taking into account the individual's personal and cultural circumstances.
• Periodic Evaluation: Mental illnesses may be variable; therefore, a periodic evaluation of the individual's psychological state must be conducted to monitor improvement or deterioration. For example: Bipolar disorder can affect capacity. Capacity here means the ability to make decisions correctly according to legal and ethical standards. Capacity is primarily affected by the ability to think and discern, and this is what bipolar patients can be affected by during periods of mania or severe depression. During a manic period, the patient may be unable to think logically and balancedly, which may lead to making impulsive or inappropriate decisions. In addition, there may be an increase in physical activity and excessive emotions that affect the ability for sound judgment. On the other hand, during periods of severe depression, the patient may be afflicted by a severe drop in mood and loss of interest in daily matters, which can affect the ability to think and make decisions. Therefore, capacity must be evaluated for those with mental illnesses, especially: bipolar - depression - schizophrenia... accurately and continuously, and this may require appropriate medical and legal intervention to protect their interests and prevent serious damage resulting from unstudied decisions during states of emotional slippage.
• Consulting Jurists and Sharia Scholars: After obtaining a detailed medical report, a specialized jurist is consulted to determine the Sharia impact of the health condition while ensuring psychological support is provided to the affected individual through regular therapy sessions and helping them improve their psychological state.
• Continuous Monitoring: Monitoring the sufferer's condition periodically to adjust Sharia recommendations if necessary, based on changes in their health condition (1). The issue of verifying the capacity of a person who has been exposed to a mental illness must follow methodological steps including medical and psychological evaluation, in addition to following legal and ethical standards to ensure justice and integrity in the issued judgment and building actions upon it.

The study suggests the importance of having a joint committee between specialists in psychology and diagnosis, and legal professionals and Sharia scholars. Based on this, the steps and procedures can be summarized as follows:

• Providing a comprehensive medical evaluation to conduct tests to determine the patient's general health condition, including physical and laboratory tests. The goal is to exclude any organic causes that may lead to psychological symptoms.
• Providing a psychological evaluation by a psychologist or a psychiatrist certified by the competent and legal authorities. This evaluation includes clinical interviews, standard psychological tests, and an assessment of the patient's psychological and social history (1). Especially since it is difficult to diagnose some disorders, such as bipolar disorder, because its symptoms resemble some other conditions. The doctor asks many questions and learns the medical history, and episodes of mania and depression, especially since many doctors diagnose it as schizophrenia and not bipolar disorder; this applies to many other psychological cases such as schizophrenia and others.
• A legal evaluation to determine the patient's capacity from a legal perspective, including their ability to make important decisions related to their life, health, and financial affairs. This evaluation is usually done in cooperation between doctors and lawyers (2). It may be useful to conduct an evaluation of the patient's social environment, including family and community support, and their ability to deal with social pressures, while emphasizing the importance of respecting the patient's privacy and preserving their dignity without prejudice (3).
• Among the important recommendations in this context is forming support groups among patients and those recovered to share their experiences and suffering and provide mutual psychological support.
• Providing training courses for Imams and religious leaders on providing psychological and moral support to the mentally ill, especially those with PTSD, and emphasizing that mental illness has no relation to the weakness or strength of faith in most cases.
• Supporting the Arab-Islamic library in the fields of psychology and psychological rehabilitation with more original studies combining studies of the Holy Qur’an and the Prophetic Sunnah—in particular—and studies of rehabilitation and psychological support—on the other hand—to produce a psychological guide and a reliable reference in this context. It is noted that various publications rely almost entirely on books translated from other languages into Arabic.

Conclusion and Recommendations

Human capacity plays a crucial role in achieving the objectives of Islamic Sharia and in performing the task of vicegerency and the civilization of the earth. The importance of capacity is manifested in enabling the human to preserve their religion and adhere to the rulings of Sharia, and what falls under it—preserving the self and intellect, managing money wisely, preserving honor and lineage, and forming righteous families based on the foundations of Sharia, and teaching children Islamic values. Human capacity from the perspective of Islamic Sharia includes mental, ethical, and practical aspects, and is necessary for achieving the objectives of Sharia and performing the tasks of vicegerency and the civilization of the earth in a way that achieves good for the individual and society. However, this capacity may be subject to disturbances that affect intellect and behavior in personal, social, and practical Sharia aspects.

Islamic Sharia contains elements of comprehensiveness, flexibility, and the ability to keep pace with the variables of human life, which makes it capable of addressing the impediments to capacity that occur to the legally responsible person in their life, and even protecting them from everything that can affect their capacity and ability to perform the task of vicegerency and civilization. With the increasing spread of psychological challenges at present, it has become necessary to study their impact on various aspects of life, including human capacity in Islamic Sharia.

Hence, this study addressed the concept of Capacity for Acquisition, which is the suitability to acquire rights and bear obligations, and Capacity for Execution, which is the ability to engage in actions with awareness and perception. It also addressed the impediments to capacity in Islamic Sharia that affect the individual's ability to act correctly in terms of mental illnesses affecting capacity such as schizophrenia, manic depression, and psychotic disorders that lead to the loss of the ability for sound thinking and decision-making and the absence of perception and discernment in some cases. This is alongside illnesses not affecting capacity, such as anxiety disorders, mild depression, and sleep and eating disorders, which do not hinder the individual's ability to act and do not affect capacity, in addition to those diminishing capacity such as cases that vary in intensity but do not reach the loss of consciousness, discernment, and perception.

The study pointed to predisposing factors for mental illness, such as genetic factors, and precipitating factors like life events, in addition to environmental factors for mental illness, such as social isolation and environments of war, and the role of conflicts and wars in increasing PTSD. The study emphasizes the importance of identifying means of prevention and psychological support to restore interest in psychologically and socially rehabilitating the legally responsible Muslim in light of contemporary challenges.

It concludes with a set of recommendations that can be applied to contribute to reducing the spread and increase of mental illnesses. Among the most prominent of these recommendations: the necessity of spreading awareness about the importance of mental health and its impacts on human capacity, the role of specialists in psychology and legal professionals in determining its effects, providing psychological support services for those with mental illnesses and their families, and the importance of rehabilitating mental patients, especially with the increasing spread of mental illnesses and their negative effects on the individual, family, and societies.

As the study clarifies the impact of mental illnesses on capacity from the perspective of Islamic Sharia, it roots the psychological rehabilitative support for the legally responsible person by referring to the texts of the Holy Qur’an, which paid great attention to the behavioral and practical steps that the individual should take regarding life changes and situations that may affect their mental health, reflecting—in particular—on their family and social responsibilities.

The study recommends the importance of allocating integrated scientific seminars that bring together various specialties to reach an integrated project in rooting the procedures and steps for rehabilitating the legally responsible person in Islamic Sharia from various aspects, and clarifying the impact of that on achieving the message of civilization and the objectives of legislation in human reality on the one hand, and allocating special seminars for the rights and care of women and children living in refugee camps, displacement, migration, and conflicts that directly and significantly affect the mental health of these groups.

The study recommends that the International Islamic Fiqh Academy allocate a special seminar for the topic of the impact of mental and psychological illnesses on the stability of marital life and the occurrence of divorce cases, especially in light of the increase in divorce cases and their rates at present and the impact of psychological states on that, and the importance of psychological awareness before marriage by integrating procedures into the health and social system. Awareness can be spread about the importance of mental health and improving health culture among individuals, leading to a more aware society ready to support its members psychologically and emotionally.

From the legal side, governments and official institutions can play a major role in implementing this procedure by enacting laws and legislation requiring those about to marry to undergo a comprehensive psychological examination. Training and awareness programs can also be provided for engaged couples to increase their understanding of the importance of mental health and how to maintain it. The study also emphasizes the importance of mechanisms and procedures to be followed to verify the capacity of the mental patient or otherwise, to ensure fair and just decisions reflecting the individual's psychological state and their ability to bear responsibilities and obligations, in accordance with the objectives of Islamic Sharia based on achieving justice, integrity, and transparency and the impact of that on achieving stability for the individual and society. In this context, benefit can be derived from the United Nations Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care (1). The study also recommends the necessity of establishing, founding, and supporting support groups for mental patients in Muslim societies for all age groups, especially among children and women (2).

Draft Resolution and Special Recommendations for the International Islamic Fiqh Academy

• Holding specialized seminars by the International Islamic Fiqh Academy on mental illnesses that can fall under what are called "defects permitting the option to rescind the marriage contract" (Al-‘Uyub al-Mubihah lil-Khiyar), and their Fiqh characterization; as they are considered illnesses whose treatment was not known in the time of previous Fiqh Imams. These acute illnesses, which are incurable in some cases, are among the strong reasons preventing the achievement of the objectives of marriage in Islamic Sharia—tranquility, affection, social stability, and preserving children and their interests. On the contrary, they cause aversion between spouses—especially since some of them, such as acute bipolar disorder, are among the illnesses for which a complete cure has not been reached, and other defects that permit the rescission of the marriage contract, considering that the entrenchment of the defect gives the other party the right to demand the rescission of the marriage (1).
• Holding special seminars on the actions of the mentally ill and their effects in the field of marriage and divorce in particular, taking into account the change in state, symptoms, and intensity from time to time in a number of illnesses. These seminars can include research related to covering the exorbitant material cost of treatment resulting from the spread of mental illnesses and ways of coverage.
• Holding special seminars on the topic of guardianship and Sharia care for mental patients, which requires a delicate balance between Sharia rulings and modern medical practices, in addition to how to determine the appropriate Sharia guardian based on the Sharia order of priority; the specifications of the Sharia guardian and the importance of ensuring the provision of necessary health care for the mental patient, which includes drug treatments and psychological consultations based on the opinion of specialist doctors, in addition to psychological and social support through rehabilitation programs and support groups, and the role of scholars and religious preachers in providing psychological and moral support to the sufferers and their families. This is alongside addressing the financial aspect and spending on the mental patient from their own money if they have money, or from the money of the family and relatives, taking into account the possibility of benefiting from Zakat, charity, grants, and government aid in the case of the patient's poverty or being in refugee and displacement camps.
• The importance of forming joint committees through the Academy including experts from judicial, health, and government bodies in general, including doctors, psychiatrists, psychologists, and social workers, alongside judges and lawyers to study and analyze the cases referred to them accurately in every country of the Islamic world. It is necessary that there be continuous communication between judicial and health bodies to ensure the follow-up of the cases of patients referred to them and the submission of periodic reports on the development of their condition.
• Establishing global platforms through the International Islamic Fiqh Academy to exchange experiences between member states regarding different experiences and multiple cases therein. Electronic systems can be used to exchange information quickly, with quality and efficiency among them.
• It is important for the Academy to provide courses on the importance of religious guidance and psychological and social support for displaced persons, deported children, and women affected by wars and conflicts especially, who live with PTSD, focusing on how to provide psychological support from an Islamic perspective, and clarifying the Sharia rulings related to the care of deported children and ensuring their rights, in addition to providing practical advice on how to deal with women suffering from PTSD. The courses should include a statement of the therapeutic and rehabilitative aspects aimed at reintegrating them into society. An invitation can also be directed through the Academy to specialists and workers in the humanitarian field in particular, to provide them with the tools and skills necessary to provide effective and appropriate support from a Sharia and psychological perspective.
• Holding seminars through the Academy on directing Zakat and charity funds to support needy groups of mental patients, especially with the increase and rise in numbers on the one hand and the exorbitant cost of treatment on the other, and cooperation with civil society institutions to enhance the spirit of solidarity and social interdependence.
• Holding specialized seminars on updating the system of orphan sponsorship in Islamic Sharia, while responding to the challenges of the age with flexibility and adaptation. Contemporary situations witness various phenomena, such as large waves of displacement, the migration of minors without their guardians to Europe, wars, natural disasters, and epidemics that significantly affect orphaned children and the methods of their sponsorship, support, and protection from exploitation, abuse, and trafficking in organs and humans.
• Updating national laws to ensure the rights of those with mental illnesses, and ensuring non-discrimination against them in all aspects of life, and participating in preparing comprehensive mental health policies including plans for treatment, rehabilitation, and integration of patients into society, and ensuring the access of those with mental illnesses to appropriate and effective mental health care services without obstacles. Alongside the importance of training mental health workers on the latest therapeutic and diagnostic methods to ensure the provision of the best possible care.
• Urging member states to organize continuous awareness campaigns to increase communities' understanding of mental illnesses and reduce the stigma associated with them and its link to weakness of faith, alongside including mental health topics in educational curricula and vocational training programs to increase awareness and understanding.
• Providing comprehensive rehabilitation programs that help those with mental illnesses develop their skills and return to practical and social life, while providing support and advice to the families of those with mental illnesses to help them deal with the condition and support the patient better, and supporting research and studies in the field of mental health.

List of References

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English References:

• American Psychiatric Association. (2013). Diagnostic and statistical manual of mental disorders (5th ed.). Arlington, VA: American Psychiatric Publishing.
• Barlow, D. H. (Ed.). (2014). Clinical handbook of psychological disorders: A step-by-step treatment manual (5th ed.). New York, NY: The Guilford Press.
• Beck, A. T., & Emery, G. (2005). Anxiety disorders and phobias: A cognitive perspective. New York, NY: Basic Books.
• Beck, J. S. (2011). *Cognitive