Research by Dr. Ruqaya Taha Al-Alwani

Professor of Islamic Studies, Department of Arabic Language and Islamic Studies, Faculty 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 (Ahlīyah) in Islamic Sharia. This research addresses the impact of mental illnesses on an individual's capacity, especially 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 appreciation of situations, which reflects on their capacity to perform obligations and responsibilities.

The study discusses the concept of mental illness linguistically and terminologically, 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 early Muslim scholars in treating mental illnesses and analyzing their symptoms. The study also presents the concept of capacity (Ahlīyah) and its divisions into: Capacity for Acquisition (Ahlīyat al-Wujūb), relating to the eligibility to acquire rights and bear obligations; and Capacity for Execution (Ahlīyat al-Adā’), relating to the ability to conduct actions with awareness and perception.

As the study discusses the impediments to capacity (‘Awāriḍ al-Ahlīyah) in Islamic Sharia, it focuses on mental illnesses and their various classifications according to authoritative scientific references in the field of contemporary psychology. The study identifies the most significant mental illnesses affecting capacity, such as dementia, schizophrenia, manic depression, various types of acute psychotic disorders, and severe intellectual disability. These illnesses 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, sleep and eating disorders, and the like, 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 identifying these symptoms and their effects on judging capacity. It also 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 severe/acute.

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. The study concludes, by adopting an analytical approach, by providing recommendations aimed at curbing 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 by mental illnesses 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 the individual, family, and contemporary Muslim societies, while emphasizing the importance of seeking assistance from experts and specialists 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 arises 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 properly, 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 early Muslim scholars in mental illnesses and methods of treating them. The study presents the concept of capacity and its divisions into Ahlīyat al-Wujūb and Ahlīyat al-Adā’, 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 psychology specialists 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 exposed 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 and specialists in psychology, Sharia, and sociology. The study is presented in three detailed sections covering these titles, employing an inductive-analytical method.

Section One: The Concept of Mental Illness and Psychological Rehabilitation

First: The Concept of Mental Illness

Illness (Maraḍ) Linguistically: It means sickness, which is the opposite of health. It is a generic noun. It is said: "So-and-so is ill (mariḍa)." 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 Terminologically:

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 a 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 pertain to the body alone.

As for its 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 condition 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 tests, mental illness is usually observed through changes in a person's behavior or their outlook on 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, the most important of which are psychological tension, depression, anxiety, and obsessions. Classifications and varieties of mental illnesses differ, 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; however, the Qur’an uses terms that may resemble mental illness from certain angles, including: "Disease of the heart" (Maraḍ al-Qalb), referring to certain types of internal corruption and 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 we will detail later.

Despite the lack of explicit mention of mental illnesses in the Holy Qur’an, the focus in it is directed toward the means of healing from them and guiding and directing the human 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 psychological support, which is a comprehensive process aimed at enhancing an 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 strengthening social relationships (1).

The Holy Qur’an contains many texts indicating the importance of psychologically rehabilitating the human and the support of the family and society for them, highlighting the Divine care for the psychological and social health of the individual before modern studies addressed it. In fact, Qur’anic texts went further by making directives and instructions that promote social cohesion the foundations for supporting faith, piety, and righteous deeds. It is no secret that preserving the intellect (‘Aql) and the self (Nafs) are among the five necessities (Al-Ḍarūriyyāt 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 challenges and pressures with a steadfastness that enhances their psychological and spiritual strength. Hence, the Holy Qur’an’s interest 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 instills tranquility and serenity in 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 grants them a sense of security and stability.

The Qur’an emphasizes the importance of patience (Ṣabr) and teaches believers to change their perspective on trials, tribulations, and traumas as tests from Allah Almighty, and that patience regarding them increases their psychological strength and grants them a great reward, alongside strengthening 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 the loss of hope in good and is considered the opposite of hope (Rajā’). The despairing person suffers from a loss of will, weak activity, and constant fear, in addition to obsessions, anxiety, and malice toward others. The Qur’an explains that despair arises as a result of one of two things: the removal of a blessing or mercy. The Almighty said: “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 and explicitly commanded it, considering despair a type of disbelief. Frustration is a state a person goes through when they are not driven to 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 to surrender to Allah, contemplate, and entrust 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 from 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 in these fields continuing to uncover those Qur’anic subtleties and nuances that guarantee a healthy psychological life for humans despite the surrounding circumstances, making them a responsible subject (Mukallaf) capable of bearing the task of vicegerency (Istikhlāf) 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 intellect and liberated 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, early Muslim scholars considered the treatment of 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 elements that directly affect a person's level of health and the amount of their well-being and safety (3).

We can say: Early 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 by methods based on science. They were not viewed as a mark of shame or disgrace necessitating isolation from society or a gateway to enter the world of superstitions and sorcery.

Section Two: The Concept of Capacity (Ahlīyah) in Islamic Sharia: Its Types and Bases

First: The Concept of Capacity

Capacity (Ahlīyah) Linguistically: It means suitability or fitness; it is said "So-and-so is fit (ahl) to sell what he wants," meaning he is suitable for that.

Terminologically in Jurisprudence: Capacity means the suitability of a human being to have rights established for them and duties imposed upon them, and to be qualified to conclude contracts and initiate actions, meaning their suitability to be obligated to others and to obligate themselves (1). Full capacity is achieved when the characteristics of Islam, intellect, puberty, justice (‘Adālah), and freedom are combined in a person; the actions of those who lack these characteristics are not recognized.

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, 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 (Ahlīyat al-Wujūb) and Capacity for Execution (Ahlīyat al-Adā’). 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 is allowed to practice some beneficial actions. Upon puberty and maturity, the person enjoys full capacity for execution, provided there are no impediments preventing that, being in full possession of their mental faculties and not under interdiction (Ḥajr).

Second: Types of Capacity

Capacity for Acquisition (Ahlīyat al-Wujūb):
It 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 liability (Dhimmah) is the axis around which the basis of full capacity for acquisition revolves.

*Capacity for Execution (Ahlīyat al-Adā’):*
It represents the highest levels of Sharia capacity and is only acquired according to certain conditions. This capacity requires the availability of intellect and discernment (Tamyīz). It is divided into deficient and complete. 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 statements 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" (‘Āriḍ) in all Sharia actions and obligations. These regulations are basic and general, covering all rights associated with the subject (Mukallaf), and specific sub-regulations for each impediment can be added depending on the case or phenomenon.

In Islamic Sharia, the basis for the capacity for acquisition is the "human attribute," and it has no relation to "age," "intellect," or "maturity." Rather, every human being in any stage or attribute, even if they are a child or insane, is considered to enjoy the capacity for acquisition. Thus, the human attribute 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, obligation (Taklīf) is not directed to anyone unless they enjoy physical ability alongside the mental element; because practical religious obligations require physical ability, including acts of worship such as prayer, fasting, and Hajj, as well as various practical communal duties (Kifā’ī).

Fourth: Impediments to Capacity (‘Awāriḍ al-Ahlīyah)

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

"Impediments" (‘Awāriḍ) is the plural of ‘Āriḍ or ‘Āriḍah, 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 affects a person without them having a role in its occurrence or timing. Its existence and occurrence go back to the will of Allah, Glory be to Him, as these impediments come outside the person's will and choice (2).

The discussion in this context about impediments to capacity is from the perspective that they are cases where a person 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 or loss and nullification of the capacity for execution?

Section Three: Types of Mental Illnesses, Their Classifications, and Their Effects on Capacity

Most jurists used the term Insanity (Junūn) as a general and comprehensive term encompassing all types of mental and psychological illnesses because it affects the soundness of perception and intellect. However, the concept of insanity in psychiatric and psychological terminology does not include nor express all mental and psychological disorders that may affect 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, prodigality, and heedlessness) is among the matters that need serious and continuous communication between specialists and Sharia scholars. It is necessary to take into account the development of classifications of mental illnesses 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 jurisprudence 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 jurisprudential names and vocabulary, consistent with the objectives of legislation and the rulings resulting from them, and the opinions of experts in each field should 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 differing impact, 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 advancement 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 updating of classifications to be consistent with the latest scientific knowledge.

Furthermore, the criteria used to diagnose mental illnesses 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 illnesses that were 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 mental illnesses according to their severity: some are highly dangerous, moderately dangerous, and low danger. Mental illnesses—according to the most famous classification issued by the World Health Organization—are as follows:

1. Organic Mental Disorders: These include Dementia, which is a group of symptoms affecting the brain that hinder normal brain functions, such as thinking, the ability to solve problems, and the use of language. This, in turn, hinders the person's functional and social performance. Disorders also include Delirium, which is a disturbance in consciousness and perception of the surrounding environment, characterized by difficulty in concentration and attention, and changes in perception, leading to forgetfulness, lack of awareness of time and place, and slurring of speech. The patient may feel unable to recognize familiar places and suffer from hallucinations, such as imagining sounds and things that do not exist, along with disturbances in speech and movements like trembling of fingers and hands, and sometimes violent behavior and sudden emotional changes. These symptoms may last for short periods ranging between hours and a few days and are fluctuating. Among them is Amnestic Syndrome, which is 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: It is a mental disorder characterized by abnormal social behavior and failure to distinguish reality. Common symptoms of this disorder include delusions, thought disorder, auditory hallucinations, in addition to reduced social participation, emotional expression, and lack of will. People 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 dangerous and chronic types of mental illnesses, negatively affecting the patient's mental safety; symptoms vary according to their severity and type.
4. Mood (Affective) Disorders: These include manic episodes and Affective Disorder, which is 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, the Depressive Episode and Recurrent Depressive Disorder, which is a mood state that affects a person for certain reasons, or may be without a cause. This state may reach such severity that it 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 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 of childhood, and non-organic enuresis (2).

Mental illnesses of all types constitute an increasing global health challenge, affecting millions of people worldwide. Societies currently witness a significant rise in the prevalence of these illnesses, with major impacts on individuals, families, and entire communities. World Health Organization 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 significant clinical disturbance in an individual's cognition, emotional regulation, or behavior, and is 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 of those disorders. As for 2020, it witnessed a significant rise in the number of those suffering from anxiety and depression disorders due to the COVID-19 pandemic, where initial estimates showed an increase in anxiety disorders by 26% and major depressive disorders by 28% in just one year. Despite the existence of effective options in the fields of prevention and treatment, most people with mental disorders do not have access to effective care. Also, many suffer from stigma, discrimination, and human rights violations.

WHO reports also indicate that depression affects more than 280 million people around the world. The risk of major depressive disorder in women is nearly double compared to men; this is attributed to hormonal changes during puberty, pregnancy, and miscarriage, in addition to the stress they are exposed to while balancing home and work pressures (1). Also, 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. As for bipolar disorder, about 45 million people suffer from it, a disorder characterized by acute mood swings between mania and depression. Post-Traumatic Stress Disorder (PTSD) is particularly prevalent in areas affected by conflicts and wars, affecting millions of people 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 also change to adapt to the needs of the affected individual, causing tension among 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 also calls for attention to the families of mental patients through support from psychological counselors, support groups, or specialized health institutions, in addition to educating family members about mental illness and how to deal with it, which 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 who have a family history of mental illnesses are more susceptible. Also, chemical changes in the brain; as imbalances in neurotransmitters such as serotonin and dopamine can lead to disorders such as 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 such as PTSD and depression.
  • Chronic pressures resulting from work, personal relationships, or financial problems can be a trigger for the emergence of anxiety and depression 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 increasing rates of anxiety and depression.
  • Difficult economic conditions contribute to increasing rates of anxiety and depression, such as poverty, unemployment, high cost of living, 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 increasing 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... which necessitates rationalization and awareness in dealing with it.
• Environmental Factors: Conflicts and wars contribute to the increase in 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, which witnesses an escalation in wars and global tensions reflected widely 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 dangerous cases such as severe psychological stress disorders and PTSD.

Post-Traumatic Stress Disorder (PTSD): 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). It is a psychological condition that was not known in psychiatry before 1980 AD. 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. Some recent studies have revealed that those suffering from PTSD to a severe or moderate degree do not separate reality from imagination; the sufferer mixes their dreams with their 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 of even greater danger for children, although studies addressing this topic in children are still generally limited.

Thus, biological, psychological, social, and environmental factors overlap to lead to an increase in mental illness rates. This makes it necessary to promote awareness about mental health, provide the necessary support for affected individuals and their families, and work on improving social and economic conditions to reduce 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: 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 it, and the person loses the capacity for execution completely. However, if perception and discernment only decrease partially, the patient can be assimilated to the "idiot" (Ma‘tūh), 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 type of mental patient's condition and the impact of mental illnesses on capacity depends on the evaluation 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, appropriate decisions regarding treatment, case evaluation, and necessary support are made.

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

Among the impediments affecting capacity in general: Insanity, which is a mental state leading to the person's loss of the ability to discern and control their actions. Alongside Minority, which is the period of childhood in which the human does not possess full mental maturity. Senility (Haram), which is the state of old age accompanied by weakness in mental and physical ability. In addition to Mental Illness, which are mental health conditions that significantly affect perception and actions.

If a person has full capacity and is in possession of their mental faculties and is afflicted by an impediment that takes away the intellect—which is the basis of maturity and obligation—their capacity falls or decreases according to the state of the impediment in terms of strength, weakness, continuity, and intermittency. If that impediment is removed, their capacity returns to them once again, and they can practice their life normally and perform all the religious duties, actions, obligations, buying, and selling they used to perform. Impediments end their effects as soon as they are removed, and the human returns to full capacity as they were before.

Since capacity in Islamic jurisprudence is divided into two main types:

1. Capacity for Acquisition (Ahlīyat al-Wujūb): Refers to the suitability of the human to have rights established for them and duties imposed upon them. This capacity is established for every human being just 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. What is obligatory for the insane by virtue of this capacity—in terms of financial duties—is performed on their behalf by their guardian. If they assault a person or property, they are held financially, not physically, accountable.
2. *Capacity for Execution (Ahlīyat al-Adā’):* Refers to the suitability of the human for a statement or action to proceed from them in a way recognized by Sharia. Before puberty, the capacity for execution is considered deficient, and it becomes complete after puberty, provided the conditions of obligation (Taklīf) 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. Nullifying Impediments: 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. Diminishing Impediments: Cases where discernment is absent [sic - likely meant "present but deficient"], 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 in some actions, such as prodigality, intoxication, and death-sickness.

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

1- Mental illnesses that nullify perception, affecting and causing loss of 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 ruling 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 removal of perception and the loss of intellect. Whether it is total, expressed as insanity, or partial, expressed as idiocy (in the terminology of jurists), the names of this type of disorder, whether psychosis or neurosis or otherwise, do not matter. Accordingly, as long as a person's perception and discernment are sound, the psychologically disturbed person is considered a responsible subject (Mukallaf), 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 the capacity for execution and the existence of responsibility is the presence of perception. If perception is absent in some disturbances, even if their names differ and their manifestations multiply, the result is the loss and removal 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 standing at the objective and not being preoccupied with changing names.

Examples of these illnesses:

• Deteriorating 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 it, and know the names of things (3). Among the most important causes of deteriorating 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 properly, concentrate, and 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 affects the 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 its possessor of obligation; it is a weakness in the intellect arising from which is a weakness in awareness and perception, becoming clear through the corruption of understanding and weakness of management; the idiot is considered to have deficient capacity. As for insanity, it is a disturbance in the intellect arising from which is 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 a difference of opinion regarding their actions; the majority treat them like the discerning child. Their actions are subject to approval; some detailed their transactions in 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 upon 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 their loss of the ability to distinguish between reality and imagination. This leads to certain actions and behaviors originating from those ideas, making them lose will and choice, and thus they become devoid of 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; they cause the loss and removal of capacity. If a person loses their mind and the ability to discern and judge matters around them, they become devoid of capacity, like the insane and the small child. Therefore, the actions proceeding from them are not considered valid, and no Sharia effects result from them. This state is known among jurists as Intermittent Insanity (Al-Junūn al-Mutaqatti‘) (1) if it comes and goes from time to time. If perception is removed or weakened in a case or certain cases, but the patient perceives fully otherwise, they are responsible and qualified in what they perceive, and insane in the aspects where their perception or discernment is absent or weakened, so their capacity falls accordingly; this is what is known as intermittent insanity.

The study emphasizes the role of specialists in psychiatry not only in identifying the type of mental illness and its impact on the capacity for execution but also in its degree. Mental illnesses have different effects: some affect perception, some affect decision-making and interaction with reality, and some have varying degrees of perception from time to time. This makes the opinion of the specialized authority in psychology the primary guide for judging the person's capacity and its degree, as well as its temporal recency. For example: Bipolar disorder; it was previously believed that the symptoms of bipolar affective disorder are completely cured after the mood episodes disappear and return to a stable state. However, studies conducted in the past two decades have shown the existence of psychological and neurological weakness in the bipolar patient in several cognitive functions. This weakness remains present even in the stable state and after the mood episodes are gone. They also suffer from cognitive disturbances in thinking, which is a primary pathological symptom of this disorder, especially during a manic episode (2).

2- Mental illnesses not affecting the capacity for execution:

We mentioned that the criterion in judging the patient's capacity is the loss of perception necessitating the loss of the capacity for execution; the difference in names in the classifications of these mental illnesses does not matter, as the consideration is for objectives and meanings, not words and structures. This allows 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 condition 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 their obligations. The patient is unable to achieve sound and studied judgment in their situations because of 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 soundness of perception and discernment in its mild degree.
• Chronic Depression (Mild to Moderate): Depression has numerous types and classifications according to the Diagnostic and Statistical Manual of Mental Disorders: Fifth Edition (DSM-V), which classifies psychological depression within mood disorders (2). 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 identifying the type of psychological depression 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 to interact socially correctly. 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, and all their actions are recognized, with Sharia rights and duties resulting from them. The person is fit for all Sharia obligations.
• 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. The sufferer seeks treatment to get rid of such cases.

3- Mental illnesses diminishing capacity:

Mental illnesses are not at one level; 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 specialized 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 extreme sadness and low 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—meaning the ability to make decisions according to the rulings of Islamic Sharia and 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 evaluation of matters and making unstudied or inappropriate decisions. Accordingly, depending on the degree of depression, it is considered a factor affecting the ability to bear responsibility, leading to a weakness in will and choice, and thus leading to a deficiency in the capacity for execution, according to the diagnosis of the degree and case.

Likewise, OCD during its intensity; based on this, scholars have held that the utterance of divorce, for example, by a person suffering from OCD is looked at in terms of its degree, meaning:

• Either the person has not lost their mind, and the divorce is due to something other than the obsession—such as a person whose obsession is not about divorce but about purification, for example, then he divorces his wife out of dislike for her—then the divorce occurs by consensus, because he is a responsible person who divorced by choice (1).
• Or the divorce occurs when the obsession intensifies for the obsessive person, and he speaks to himself about divorce. If he speaks to himself about divorce but does not utter the divorce, jurists have differed on whether the divorce occurs or not on two opinions (2): The chosen one among them is that the divorce does not occur. This was stated by the majority of jurists from the Hanafis, Shafi'is, and Hanbalis. Their evidence for this is: Allah, Glory be to Him, does not burden a soul beyond its capacity. If we were to say the divorce of the obsessive person is valid just by his speaking to himself, that would be burdening the human with what is not within his capacity, which is negated by the text of the Qur’an. This is the weightier opinion according to what was mentioned.

Included in these cases as well: Severe Post-Traumatic Stress Disorder (PTSD); it can affect capacity and diminish it, as the sufferer suffers from weak concentration and memory, extreme 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 assimilated 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 concern and a real, increasing challenge for public health in various parts of the world. Their prevalence ranges between anxiety and depression; youth, women, and children have become among the groups of society most exposed to mental illnesses of various types. It was previously noted that degrees of depression differ and that, 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 low 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 human's capacity for execution and acquisition in Islamic Sharia, it is necessary to consider medical and Sharia aspects together. This requires close cooperation between jurists, psychiatrists, and specialized judicial authorities to ensure an accurate and fair evaluation of the individual's condition.

• Medical Examination: The individual must undergo a comprehensive medical examination conducted by a specialized psychiatrist to determine the type of mental illness, its severity, 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 affective disorder can affect capacity in patients afflicted by it. 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 reckless 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, the capacity of those afflicted with mental illnesses—especially bipolar, depression, and schizophrenia—must be evaluated accurately and continuously. This may require appropriate medical and legal intervention to protect their interests and prevent serious damage resulting from unstudied decisions during states of affective 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 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 experts and Sharia scholars. Based on this, 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 rule out any organic causes that may lead to psychological symptoms.
• Providing a psychological evaluation by a psychologist or psychiatrist certified by the authorities and the law. This evaluation includes clinical interviews, standardized psychological tests, and evaluation 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 like schizophrenia and others.
• 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 infringing upon it (3).
• Among the important recommendations in this context is the formation of support groups among patients and those recovered from them 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 afflicted with post-traumatic disorders, and emphasizing that mental illness has no relation to the weakness or increase 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 come up with a psychological guidance manual and a reliable reference in this context. It is noted that various publications rely almost entirely on books translated from other languages into Arabic.

Objectives and Recommendations

Human capacity plays a crucial role in achieving the objectives (Maqāṣid) of Islamic Sharia and in performing the task of vicegerency and the cultivation 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 in terms of:

• Preserving the soul and intellect and managing wealth wisely.
• Preserving honor and lineage.
• Forming righteous families based on the foundations of Sharia.
• Teaching children Islamic values.

Human capacity from the perspective of Islamic Sharia includes mental, ethical, and practical aspects; it is necessary for achieving the objectives of Sharia and performing the tasks of vicegerency and cultivation of the earth in a way that achieves good for the individual and society. However, this capacity may be subject to disturbances that affect the intellect and behavior in the personal, social, and practical aspects of Sharia. 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 the subject (Mukallaf) encounters in their life, and even protecting them from everything that can affect their capacity and ability to perform the task of vicegerency and cultivation.

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 consists of the ability to conduct 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, 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 those cases whose intensity varies 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 rehabilitating the Muslim subject psychologically and socially in light of contemporary challenges. It extracts a set of recommendations that can be applied to contribute to curbing 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 experts in determining its effects.
• Providing psychological support services for those afflicted with mental illnesses and their families.
• 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 rehabilitative psychological support for the subject 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 subject in Islamic Sharia from various aspects, and clarifying the impact of that in achieving the message of cultivation and the objectives of legislation in human reality on one hand. And allocating special seminars for the rights and care of women and children living in refugee camps, displacement, migration, conflicts, and wars 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 in 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 applying 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 to potential spouses 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 its opposite, to ensure making fair and just decisions reflecting the individual's psychological state and their ability to bear responsibilities and obligations, achieving the objectives of Islamic Sharia based on achieving justice, integrity, and transparency and the impact of that in achieving stability for the individual and society. In this context, benefit can be derived from the United Nations principles in the field of protecting persons with mental illness and improving 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 for the International Islamic Fiqh Academy

• Holding specialized seminars by the International Islamic Fiqh Academy on mental illnesses that can fall under what is called: (Defects necessitating the option to annul the marriage contract), and their jurisprudential characterization; as they are considered equivalent to illnesses whose treatment was not known in the time of the previous Imams of Fiqh. 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 the spouses—especially since some of them, such as acute bipolar, are among the illnesses for which a complete cure has not been reached, and other defects that allow the annulment of the marriage contract, considering that the entrenchment of the defect gives the other party the right to demand the annulment of the marriage (1).
• Holding special seminars on the actions of the psychologically ill person and their effects in the field of marriage and divorce in particular, taking into account the change in the state, symptoms, and intensity from time to time in a number of illnesses. These seminars can include some 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 order of Sharia priority; the specifications of the Sharia guardian and the importance of ensuring the provision of necessary health care for the mental patient, which includes pharmacological treatments and psychological consultations based on the opinion of specialized 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 afflicted and their families. Alongside addressing the financial aspect and spending on the mental patient from their own funds if they have funds, or from the funds of the family and relatives, with consideration of the possibility of benefiting from Zakat funds, charities, 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 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. With the necessity of continuous communication between judicial and health bodies to ensure monitoring the cases of patients referred to them and providing periodic reports on the development of their condition.
• Establishing global platforms through the International Islamic Fiqh Academy to exchange expertise between member states about different experiences and multiple cases therein. Electronic systems can be used to exchange information quickly, with quality and efficiency among them.
• The importance of the Academy providing 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 post-traumatic disorders, 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 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 Sponsorship of Orphans (Kafālat al-Yatāmā) in Islamic Sharia, responding to the challenges of the age with flexibility and adaptation. Contemporary situations witness various phenomena, such as large waves of displacement, migration of minors without their parents 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 persons with mental illnesses, ensuring non-discrimination against them in all aspects of life, participating in preparing comprehensive mental health policies including plans for treatment, rehabilitation, and integration of patients into society, and ensuring the access of persons with mental illnesses to appropriate and effective mental health care services without obstacles. Alongside the importance of training workers in the field of mental health on the latest therapeutic and diagnostic methods to ensure providing the best possible care.
• Urging member states to organize continuous awareness campaigns to increase societies' understanding of mental illnesses and reduce the stigma associated with them and linking them to weakness of faith, in addition to including mental health topics in educational curricula and vocational training programs to increase awareness and understanding.
• Providing comprehensive rehabilitation programs that help persons with mental illnesses develop their skills and return to practical and social life, with 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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