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Sleep (naum) and fainting /unconsciousness (ighma)

Sleep is a state where a person minds in its lowest activity. He is not


conscious about anything that accrue around him. Sleep is a natural.to be
more specified it is a condition of body and mind such as that which typically recurs
for several hours every night, in which the nervous system is relatively inactive, the
eyes closed, the postural muscles relaxed, and consciousness practically
suspended.
Fainting, also called syncope in medical term, is a sudden, brief loss of
consciousness and posture caused by decreased blood flow to the brain. Fainting fit
is a kind of disease which weakens ability. It is also unnatural defect which affect the
brain.

The effect of sleep and fainting fit on the capacity of obligation (ahliyya al wujub)
Sleep and fainting fit do not affect the capacity of obligation, it only effect he
capacity of execution, therefore a person acquires all rights and liabilities that they
will get from the capacity of obligation even though they are sleeping or
unconsciousness.1

The effect of sleep and fainting fits on the capacity of execution (ahliyya al
ada)
The person who is fainting or asleep does not understand is act and
his words and therefore, he is incompetent to conclude a contract and
discharge an obligation because it is the intellectual faculty of the
individual which determines legal capacity2. This is why an adult who is
fainting or asleep is not held responsible for his conduct. The principle
here is clearly stated in the hadith which provides to the effect: the pen
1 Abd Rahman Raden, the Philosophy of Islamic Law of Transaction (2009)
2 Ibid,

(responsibility/duty) is lifted from three persons; the one who is asleep


until awakes, the child until he attains puberty and the insane until he
regain sanity 3.however the jurist have stated that a person who are
sleeping or suffered from fainting are required to make up for the acts of
worship missed by them during sleep and fainting. Hanafis jurist opinion
are that the obligation of atonement is a branch of obligation of execution.
The obligation of atonement indicates that the devotional acts are binding
on a sleeping person during his sleep on a person who is asleep4. The
Hanafis jurist added that, sleep and fainting are impediment to the
capacity of performing acts of worship and not to mere obligation. Thus
the obligation of the acts of worship is separated from the obligation of
their performance. Therefore it is obligatory to take up for them when the
impediment is removed.

3 Hasan Husin Ahmad , An Introduction To The Islamic Law of Transaction ( 2007)


4 Hasan Husin Ahmad , An Introduction To The Islamic Law of Transaction ( 2007)

REFERENCES

Prof, Dr Ala Eddin Khorafa, Transaction In Islamic Law (1997)

Abd Rahman Raden, the Philosophy of Islamic Law of Transaction


(2009)

Hasan Husin Ahmad, An Introduction To The Islamic Law of


Transaction (2007)

Razali, Islamic Law on Commercial Transaction (2009)

Salim M. Yusuf, An Intro To Theoretical Foundation Of Islamic


Transaction (2012)

Zuhair & Wahibah, Financial Transaction to Islamic Jurisprudence


(2003)

Rayner, Theory of Contract in Islamic Law (1991)