The Duties of the Guardian about the Mentally Retarded: Comparative Study of Qur'an and Afghanistan Civil Law

Abstract

Idiot refers to a person who does not have the ability to manage his own finances, whether he is a young child or a person who has low intelligence or is mentally disabled in general. The Holy Qur'an has not allowed these people to enter and occupy their property due to the possibility of loss. On the other hand, the Qur'an has also mentioned the preservation of the human dignity of these people. In Afghanistan civil law, mentally disabled people or so-called fools are referred to with the word Mahjoor and, like the Holy Quran, they are not allowed to enter and occupy their property. Both in the Qur'an and in the law, the choice of a guardian or guardian has been given, and the powers of their property have been entrusted to the guardian. Using descriptive and analytical methods, this article has analyzed the defined responsibility of society towards mentally retarded people as a subset of Safha in the Qur'an and the Afghan Civil Code. Finally, it was found that there are shortcomings in Afghan’s civil rights against the daily needs of mentally challenged people, which are generally mentioned in the Qur'an, but ignored in the law.