Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Vol. 12, No. 2, December 2025, (309-331)
https://doi.org/10.32505/qadha.v12i2.11334
https://journal.iainlangsa.ac.id/index.
p-ISSN 2356-1637 | e-ISSN 2581-0103

Taklif and the Fulfillment of the Rights of Persons with Mental and
Intellectual Disabilities: An Islamic Legal Perspective
Fuad Masykur*1, Ahmad Bahrul Hikam2, Muhammad Amin3
1Institut Binamadani Indonesia, Indonesia
2Sekolah Tinggi Ilmu Syariah Nahdlatul Ulama Nusantara, Indonesia
3Institut Agama Islam Negeri Langsa, Indonesia

*email: fuadmasykur@stai-binamadani.ac.id
*Corresponding Author
Submitted: May 4, 2025

Accepted: July 11, 2025

Published: July 28, 2025

How to Cite (Chicago): Masykur, Fuad, Ahmad Bahrul Hikam, and Muhammad Amin. 2025. “Taklif and the
Fulfillment of the Rights of Persons with Mental and Intellectual Disabilities: An Islamic Legal
Perspective”. Al-Qadha:
Jurnal
Hukum
Islam
Dan
Perundang-Undangan 12
(2),
309-331.
https://doi.org/10.32505/qadha.v12i2.11334.

Abstract
Recognizing that persons with disabilities are an integral part of our multicultural society is
essential to advancing an inclusive and equitable legal framework. This study aims to
develop a comprehensive understanding of taklīf and legal competence (ahliyyah) for persons
with disabilities, particularly in the context of fulfilling religious rights and obligations, such
as congregational prayer, zakat, marriage, and financial transactions. The study employs a
qualitative method using a normative legal approach. Data collection is based on literature
sources, including hadiths, classical books of fiqh and usūl al-fiqh, legal regulations, reports
from international institutions, and academic studies. The findings show that individuals
with psychosocial and complex mental disorders are inherently not subject to taklīf. Others,
however, are considered mukallaf and are subject to taklīf according to their capacities. About
religious obligations, persons with mental and intellectual disabilities may still fulfill their
zakat duties through their guardians. In financial matters, they are prohibited from
independently managing their assets—whether the condition is permanent or temporary—
and are therefore placed under a guardianship system. Regarding marriage, individuals
whose mental and intellectual disabilities are classified as mild, and who possess both
ahliyyah al-wujūb and ahliyyah al-adā’ al-kāmilah, are considered to have a valid marital status.
However, if the disability is classified as moderate or severe and there is a need for marriage,
the marriage may be performed by a walī mujbir.
Keywords: Mental Disability, Intellectual Disability, Islamic Law, Fulfillment of Rights,
Taklif
Abstrak
Mengakui bahwa penyandang disabilitas merupakan bagian integral dari masyarakat
multikultural kita sangat penting untuk mendorong kerangka hukum yang inklusif dan adil.
Penelitian ini bertujuan untuk mengembangkan pemahaman yang komprehensif mengenai
taklīf dan kompetensi hukum (ahliyyah) bagi penyandang disabilitas, khususnya dalam
konteks pemenuhan hak dan kewajiban keagamaan seperti salat berjamaah, zakat,
Creative Commons Attribution-Noncommercial 4.0 International
(CC BY-NC 4.0)

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Taklif and the Fulfillment of the Rights of Persons…

pernikahan, dan transaksi keuangan. Penelitian ini menggunakan metode kualitatif dengan
pendekatan hukum normatif. Pengumpulan data dilakukan melalui studi pustaka, termasuk
hadis, kitab-kitab fikih klasik dan uṣūl al-fiqh, peraturan perundang-undangan, laporan
lembaga internasional, serta kajian-kajian akademik. Hasil penelitian menunjukkan bahwa
individu dengan gangguan mental kompleks dan psikososial secara inheren tidak dikenai
taklīf. Namun, individu lainnya dianggap sebagai mukallaf dan dikenai kewajiban taklīf
sesuai dengan kapasitas masing-masing. Dalam hal kewajiban keagamaan, penyandang
disabilitas mental dan intelektual tetap dapat menunaikan kewajiban zakat melalui wali atau
pendampingnya. Dalam urusan keuangan, mereka dilarang untuk mengelola harta secara
mandiri baik kondisi disabilitasnya bersifat sementara maupun permanen dan oleh karena
itu berada di bawah sistem perwalian. Terkait pernikahan, individu yang disabilitas mental
dan intelektualnya diklasifikasikan sebagai ringan, serta memiliki ahliyyah al-wujūb dan
ahliyyah al-adā’ al-kāmilah, dianggap memiliki status pernikahan yang sah. Sebaliknya, jika
disabilitas diklasifikasikan sebagai sedang atau berat, dan terdapat kebutuhan untuk
menikah, maka pernikahan dapat dilakukan oleh seorang walī mujbir.
Kata Kunci: Keterbatasan Mental, Keterbatasan Intelektual, Hukum Islam, Penyelenggaraan
Hak, Taklif
Introduction
People with disabilities constitute the greatest minority, according to a United
Nations report. With 650 million people, it accounts for nearly 10% of the world's
population. This figure is rising due to population increase, medical breakthroughs, and the
aging process, according to the World Health Organization (WHO). In countries with a life
expectancy of more than 70 years, the average person lives with a disability for roughly 8
years, or 11.5% of their life. According to the United Nations Development Program
(UNDP), 80% of individuals with disabilities live in developing nations. According to a UN
special study from 2000, "the consequences of being disabled interfere in the lives of people
with disabilities to a completely acceptable extent in all countries, in all types of living
conditions."1
The facts shown above have drawn considerable attention to the efforts to ensure
accessibility for people with disabilities. Accessibility is the ease with which people with
disabilities can achieve equal chances in all aspects of life and work. Efforts to provide legal
protection based on the Constitutions for disabled people's positions, rights, obligations, and
roles have also been carried out through various statutory regulations, including those
governing employment issues, national education, health, social welfare, road traffic and
transport, railways, shipping, aviation, and customs. These regulations provide equal
chances for people with disabilities in the domains covered by them, and in order to offer
these guarantees, people with disabilities are supplied with facilities (accessibility).2
1

2

Mary Robinson, Human Rights and Disabled Person Dalam Rachel Hurst, Are Disabled People Included?
Disability Awareness in Action (UK: Freeways Print, 1998), 1.
Muladi, Hak Asasi Manusia: Hakekat, Konsep Dan Implikasinya Dalam Perspektif Hukum Dan
Masyarakat (PT. Refika Aditama, 2009). Various Constitutions and regulations regulate the rights
and accessibility of persons with disabilities, including Constitution Number 8 of 2016 concerning
Persons with Disabilities, Constitution Number 39 of 1999 concerning Human Rights, Law
Number 25 of 2009 Regarding Public Services, ConstitutionNo. 28 of 2002 concerning Buildings,
Government Regulation No. 43 of 1998 concerning Efforts to Improve Social Welfare for Persons

310

Despite the fact that various laws and regulations protect the rights and accessibility
of people with disabilities, the research discovered that it is difficult for people with
disabilities to obtain the right to public facilities, political roles, employment, legal
protection, education, information and communication, and health services. According to the
Social Welfare Data and Information Center of the Ministry of Social Affairs, there were
1,250,780 people with disabilities in Indonesia in 2012. They include the physically
challenged, the blind, the deaf, and those with mental problems. Contrary to popular belief,
not all people with disabilities can find work. Employment opportunities for people with
disabilities are extremely limited. According to data from the Directorate General of
Workforce Placement Development (Binapenta), 1.5 million people with disabilities were
unemployed in 2014.3
The identical findings were published in 2016 by LPEM FEB University of Indonesia
research, which discovered that the number of individuals with impairments in Indonesia
was 12.15 %. 10.29 percent are classified as medium, and 1.87 percent are classified as major.
In Indonesia, the provincial disability prevalence rate ranges from 6.41 percent to 18.75
percent, with West Sumatra, East Nusa Tenggara, and South Sulawesi having the highest
rates. Contrary to the figure of 12.15 percentage of persons with disabilities, 45.74 percent of
people with disabilities have never or have not graduated from elementary school. Contrary
to the figure of 12.15 percent of people with disabilities, 45.74 percent of people with
disabilities have never or have not graduated from elementary school, compared to 87.31
percent of non-disabled people who have an elementary school education or higher.4
Attention to fulfilling accessibility for people with impairments has inadvertently
found a normative grounding in the framework of religion. The rationale for the revelation
of Surah an-Naba verses 1-2 is one of these. "This verse was revealed regarding Ibn Ummi
Maktûm, a friend who was blind," Imam at-Tirmidzî and al-Hâkim recounted from 'Aisyah.
Ibn Ummi Maktûm came to Rasulullah SAW one day and requested, "O Rasulullah, give me
advice." At the time, the Prophet of Allah was speaking with a Musyrik authority. Rasulullah
then ignored his friend's suggestion and continued speaking with the musyrik official. He
asked the musyrik officials, among other things, "Is there anything wrong with my call?" No,

3

4

with Disabilities, and Constitution No. 20 of 2003 concerning the National Education System. This
Constitution states the obligation to provide special and equal education for people with
disabilities. Government Regulation No. 10 of 2010 added that every level of education must accept
students without discrimination, including discrimination based on physical and mental
conditions.
Meanwhile, the results of data collection carried out by the Ministry of Social Affairs' Data and
Information Center (Pusdatin) in 2008 recorded that 74.4% of people with disabilities were
unemployed, or not working, and 25.6% of people with disabilities had jobs. The types of work
that are often undertaken are farmers, laborers and services. In fact, article 53 paragraph (1) of the
Constitution on Persons with Disabilities states that the government, regional governments, stateowned enterprises are obliged to employ at least 2 percent of persons with disabilities from the
total number of employees. Furthermore, paragraph (2) states that it is mandatory for private
companies to employ at least one percent of people with disabilities from the total number of
workers..
Bambang
Widodo,
Upaya
Memenuhi
Hak
Penyandang
Disabilitas
(https://ham.go.id/2020/03/06/upaya-memenuhi-hak-penyandang-disabilitas/).
Desy
Susilawati,
Indonesia
Miliki
12
Persen
Penyandang
Disabilitas
(https://www.republika.co.id/berita/nasional/umum/16/12’16/019,47384-indonesia-miliki-12persen penyandang-disabilitas.).

311

Fuad Masykur, Ahmad Bahrul Hikam, Muhammad Amin

Taklif and the Fulfillment of the Rights of Persons…

said the individual. Soon after, the verse was revealed: He (Muhammad) had a frown on his
face and turned aside because a blind man (Abdullah bin Ummi Maktûm) had approached
him.5
The mention of a blind man in this verse is a notification of his weakness, which must
be tolerated in the event that he interrupted the Prophet SAW's conversation when he was
busy with his meetings with many people. It could be that this blindness was the 'illat that
caused the Prophet to become angry and turn away from him. It is as if this verse says that
because you are blind, you (Muhammad) should be more merciful and gentler towards
people.6 When the Prophet SAW ignored people with disabilities, Allah SWT immediately
gave a warning through this surah. Thus, this verse indicates that people with disabilities
should also receive the same and equal treatment. Likewise, they actually have the right to
access education and teaching that must be fulfilled. In the hadith of muslim history it is
also mentioned that “A blind man came to Rasulullah SAW and said: "O Rasulullah, there is no
one to lead me to the mosque. Do I have a rukhshah to pray at home?” Then he asked, "Did you hear
the call to prayer? He answered, 'Yes', he said again, 'Then fulfill it”. (HR. Muslim)7
The above hadith is about Abdullah bin Ummi Maktum, who initially requested
permission from the Prophet SAW to pray at home because he was blind and had no one to
guide him. Legally, the constraints that people with impairments have fulfill the basis for not
attending congregational prayers8, however the Prophet SAW held a different opinion so
that he may still attend congregational prayers. According to the author, this implies that
people with disabilities should have access to the benefits of congregational prayer, in
addition to the fact that their presence at congregational prayers serves to accelerate their
integration process with the community around them.
However, there are still many obstacles to the implementation of religious obligations
by people with disabilities. Barriers to disabled people exercising their religious rights have
received almost no attention from either the government or religious leaders. Places of
worship, for example, mosques, are minimally accessible for people with disabilities.
Obstacles for disabled groups in the religious sector are not limited to aspects of worship but
also other aspects, for example, financial transactions, marriage, and other activities that are
in direct contact with the rights of disabled people.9
The emergence of obstacles to efforts to fulfill accessibility for people with disabilities
is caused by many reasons. Among them is the fact that the perspective on people with
disabilities is still dominated by a derogatory perspective. An example of this is the mystical
perspective, which considers that disability is a disgrace or even a curse. Covey found that
society generally views people with disabilities in the following ways: as punishment from
God for sin, the result of witchcraft, parental misunderstanding during pregnancy, the result
of evil spirits, astrological influences as inferior or animal-like, ugly, wicked, dependent on

5
6
7
8

9

Jalâluddin as-Suyuthî, Lubâb An-Nuqûl (Beirut: Dâr al-Kutub al-‘Ilmiyyah, n.d.), 209.
Ahmad Musthafâ Al-Marâgî, Tafsîr Al-Marâgî, juz 30 (Kairo: Musthafa Babi al Halabî, 2017), 39.
Abu Husain Muslim ibn al-Hajjaj, Shahih Muslim (Beirut: Dar Ihya al-Turats al-‘Arabi, n.d.), 452.
Muhyidin Yahyâ bin Syaraf an-Nawâwî, Al-Minhâj Syarh Shahîh Muslim Bin al-Hajjâj, Juz 5 (Beirut:
Dâr Ihya at-Turats al-Arabi, 2013), 155.
LBM PBNU, Fiqih Penguatan Penyandang Disabilitas (Jakarta: LBM PBNU, 2018), x.

312

pitiful, sexually hyperactive, damaged, socially unacceptable, and socially deviant. This kind
of perspective ultimately results in society viewing them as a burden.10
Others believe that impairment is a destiny from God. God determines whether or
not a person has limitations. Humans have no choice but to accept it. People with this
viewpoint will ask disabled groups to be patient and pray that they may be given strength
despite their varied limitations. Meanwhile, they requested the community to assist them
because they were perceived to have limits. It is a virtue to support disability groups.11
According to the author, the last point of view above is related to the subject of
individuals with disabilities' human existence and how they exercise and achieve their rights
related to religious obligations. Based on this issue, the author emphasizes the importance of
reconstructing12 the meaning of taklîf individuals with impairments. This is to determine the
situation of people with disabilities, as well as their legal eligibility or competence (ahliyyah)
to take taklif, in order to get acceptable attitudes and treatment for people with impairments.
This paradigm is a progression of Taklif's initial structure, which positions and treats persons
with disabilities in a more medical context, where they are considered as parties who obtain
relief (rukhshah) in their life, including religious requirements. Ideally, in their capacity as
Ahliyyah al-wujûb, people with disabilities still have the right to receive obligations and
rights, so what is needed is the availability of facilities and access that enable them to carry
out their obligations and receive these rights.
This study employs a qualitative method based on literary literature data, with main
data coming from the tafsir books, books, articles, and other sources. In order to acquire a
thorough picture of the status of persons with disabilities in terms of the burden of religious
responsibilities, the author will first describe the position of taklif for individuals with
mental disabilities and intellectual disabilities in the discussion. In addition, to learn how
mental and intellectual disorders affect competence (legal skills), Finally, we will describe
how religious access for persons with disabilities is fulfilled by focusing on three issues:
zakat responsibilities, the legality of financial transactions, and the legitimacy of marriages
for people with disabilities.
This study uses a qualitative method with two main approaches, namely normativetheological and sociological-legal. The first approach is used to analyze the main sources of
Islamic teachings such as hadith, book of ushul fiqh, and classical fiqh literature related to
the concept of taklîf and ahliyyah, especially in the context of people with disabilities. The
H.C. Covey, Social Perceptions of People with Disabilities in History (Springfield: Charles C Thomas
Pub, 1998), 6-8.
11 LBM PBNU, Fiqih Penguatan Penyandang Disabilitas.
12 Construction comes from the word construction, which means the model or layout of a building. In
relation to taklîf, which is the subject of Islamic law, the main instrument used is ushûl fiqh. The
object of discussion of ushûl al-fiqh has four elements, namely: 1) Sharia law (al-hukm al-syar'i) in
terms of its essence, criteria, and various types; 2) a lawmaker (al-hâkîm) in terms of his
propositions and orders; 3) the person who is burdened by the law (al-mahkûm 'alaih); and 4) how
to perform ijtihad. These four elements are constructed to give rise to a paradigm of what legal
obligations are, who has the obligation to implement the law, how mukallaf implements the law,
and so on. In relation to the discussion of persons with disabilities, what the author means by taklif
construction here is the location or position of the legal burden on persons with disabilities, what
their skills are in implementing the law, and how they should carry out their legal obligations. see:
Abû Hâmid Muhammad al-Gazâlî, Al-Mustashfâ (Beirut: Dâr al-Kutub al-‘Ilmiah, 1993), 126.
10

313

Fuad Masykur, Ahmad Bahrul Hikam, Muhammad Amin

Taklif and the Fulfillment of the Rights of Persons…

second approach is used to understand the social and legal realities of people with
disabilities in religious life. Data collection techniques are carried out through literature
studies by examining relevant documents, books, and regulations. Researchers also analyze
empirical reports on the conditions of people with disabilities in Indonesia. Data are
analyzed using the content analysis method of religious texts. The analysis is carried out
descriptively and critically to reveal the substantive meaning of the concept of taklîf in the
context of disability and its relevance to current social conditions.
Taklif and Ahliyyah Discourse in Islamic Law
Taklîf derives its etymology from mashdar, which is the infinitive verb form of fi'il
mâdhî kallafa, ditasydid 'ain fi'il, meaning burdening. With reference to the books of ushûl fiqh,
taklîf, or law, is God's directive and entails an obligation to act or refrain from acting, either
in the form of options (takhyîr) or demands (commands and prohibitions).13 Al-Haramain in
al-Burhân states that taklîf is: ‫( إِلَْز ُام َما فِ ِيه ُك ْل َفة‬requires a burdensome action). The definition of al-

Haramain (w. 478 H) in this will later be followed by Ushuliyin afterwards, for example Ibn
Qudamah (w. 620 H) in Raudhat an-Naz}ir, as-Subkî (d. 771 H) in Raf' al- Hâjib and az-Zarkasyî
(w. 794 AH) in Bahr al-Mukhîth.14
In contrast to al-Haramain, al-Ghazâlî (w. 505 H) does not agree with this teacher's
opinion. Al-Ghazâlî prefers to follow the definition offered by al-Baqillânî (w. 403 H) that
Taklîf is ‫ب َما فِ ِيه ُك ْل َفة‬
ُ َ‫( طَل‬demands to carry out burdensome acts). Al-Bâqillânî's opinion chosen by
al-Ghazâlî was then followed by many Ushûl Fiqh scholars, including; 'Alauddin adDimasyqî (w. 885 H) in at-Tahbîr Syarh at-Tahrîr, Syamsuddin al-Ashfihânî (w. 749 H) in
Bayân al-Mukhtashar, as-Syâthibî (w. 790 H) in al-Muwâfaqât, al-Jarâ'î (w. 883 H) in Syarh
Mukhtashar and many other scholars.15 Inevitably, there is a difference between the meaning
of ilzam, which means to oblige, and the meaning of thalab, which means demand. For those
who define taklîf as ilzam, the consequence is that only strict laws, namely obligatory and
haram, are included in the taklîf category, while if taklîf is defined as thalab, then it also
includes makruh laws and sunnah.
The definition of taklîf, which the author claims reflects its legal content, is ilzamu
muqtadha khithab (imposition of the demands of sharia decrees), among the various
definitions found in the Ushul Fiqh volumes. Al-Ba'lî (w. 1189 H) in ad-Dzahl al-Harîr, Ibnu
Najjar (w. 972 H) in Syarh al-Kaukab al-Munîr, al Mardâwî (w. 885 H) in Tahrîr al-Manqûl,
and Ibn Badrân (w. 1346 H) in al-Madkhal all use this interpretation.16 This meaning is also
followed by the average Ushûliyyin Hanabilah. By interpreting taklîf as an imposition of the
demands of sharia decrees, all the five laws of taklîf are; obligatory, sunnah, makruh, haram
and permissible are included in this definition. This definition also implies a discussion of
the legal subject, namely the mukallaf, by using the diction of demands for titah because the
target of the demands for sharia decrees is the mukallaf.
13

14

15
16

Muhammad bin ‘Alî asy Syawkanî, Irsyâd al Fuhûl Ila Tahqîq al Haq Min ‘Ilm al Ushûl, Cet. 1 (Beirut:
Dâr al Kitab al ‘Arabi, 1999), 6.
Abd al-Malik bin Abdullâh al-Juwaynî Al-Haramain, Al-Burhan Fî Ushûl al-Fiqh, Juz 1 (Beirut: Dâr
al-Kutub al-Ilmiyah, 1997), 14.
Abû Hâmid Muhammad al-Gazâlî, Al-Mustashfâ.
Al-Mardâwî, Tahrîr Al-Manqûl (Qatar: Wizarat al-Awqâf, 2013), 125.

314

Moreover, it is impossible to separate the idea of Ahliyyah (legal proficiency) from the
discourse on taklif. Mukallaf is subject to taklif, a religious "command." Since worshiping by
abiding by all religious rules is the essence of human creation. Since people were made to
worship Allah SWT, they are considered mukallaf and are hence inextricably linked to the
taklif sharia commandments (az-Zâriyât/51: 56). Nevertheless, this verse emphasizes the
nature of human creation, but Islam as a religion does not burden its adherents. Because in
Islam itself, there is a concept of rukhshah (lightness) in the implementation of every
obligation. One of the hadiths that states relief in religion and is takhshish from the generality
of Surah az-Zâriyât verse 56 is:

ٍ ‫اَّلل علَي ِه وسلَّم قَ َال رفِع الْ َقلَم عن ثََل‬
ِ
ِ ُ‫الصغِ ِري حَّت يكُْب وعن الْمجن‬
ِ
‫ون‬
َ ‫ث َع ْن النَّائِِم َحَّت يَ ْستَ ْي ِق‬
ْ َ ْ َ َ َ َ َ َّ ‫ظ َو َع ْن‬
َ ‫َّب‬
ْ َ ُ َ ُ َ َ َ ْ َ َُّ ‫صلَّى‬
‫َع ْن َعائ َشةَ َع ْن الن ِي‬
17 ِ
ِ
‫يق‬
َ ‫َحَّت يَ ْعق َل أ َْو يُف‬

From 'Aisyah r.ah from the Prophet Muhammad SAW that: "Three people are free from the law: The
person who sleeps until he wakes up, the child until he reaches maturity (Baligh), and the crazy person
until he recovers." (H.R. an-Nasai)
From the two naqli arguments above, it can be understood that not all humans are
obliged to worship, but there is something that makes them worthy of carrying out this
obligation. Ushul fiqh scholars know this quality of appropriateness with the term Ahliyyah.
Etymologically, Ahliyyah means ash-shalahiyah; appropriateness. If someone has abilities in
one area then he is considered an expert. In terms of terminology, Ahliyyah is a characteristic
possessed by a person which is used as a measurement by the Shari'a to determine whether a
person is competent to be subject to the demands of the Shari'a.18
For a legal rule to be implemented properly, it requires the ability and suitability of
the person who will implement it. Based on this, ushul fiqh scholars formulate that a
person's eligibility to carry out sharia rules boils down to two conditions, namely: first, a
person's knowledge of the sharia rules that are imposed on him to implement. Therefore,
someone who is unable to access knowledge, for example, because he has lost his mind
(insane), is not categorized as a mukallaf. Second, a person has the ability (ahliyyah) to carry
out the sharia rules imposed on him.
The ushuliyyun classify a person's ability to carry out sharia obligations into two
categories, namely: Ahliyyah al-wujûb and Ahliyyah al-ada’.19 What is meant by Ahliyyah alWujûb is a person's ability to carry out rights and obligations. This ability is inherent in
every person from the moment the soul is breathed into the body and is valid until he is
born alive.20 The concept of Ahliyyah is actually what differentiates humans and animals.
The fuqaha call it zimmah, which is a human instinct to accept the rights of others and carry

17
18

19

20

Ahmad bin Syu'aib bin Ali al-Nasā'ī, Sunan Nasai, juz 5 (Beirut: ar-Risâlah, 2001), 265.
Jayusman, “Permasalahan Menarche Dini (Tinjauan Hukum Islam Terhadap Konsep Mukallaf),”
Journal of Physical Therapy and Science 3, no. 1 (2014): 1–124, http://dx.doi.org/10.21043/yudisia.
v5i1.695.
Ala’uddin Abd al-Azîz bin Ahmad al Bukhâri, Kasyf al Asrâr ‘an Ushûl al Bazdâwî, Juz 4 (Beirut: Dâr
al Kutub al Ilmiyyah, 1997), 237.
Ma’shum Zein, Menguasai Ilmu Ushul Fiqh: Apa Dan Bagaimana Hukum Islam Disarikan Dâri SumberSumbernya (Yogyakarta: Pustaka Pesantren, 2016), 235.

315

Fuad Masykur, Ahmad Bahrul Hikam, Muhammad Amin

Taklif and the Fulfillment of the Rights of Persons…

out their obligations to others.21 Ahliyyah al-wujûb is owned by everyone regardless of
gender, age, intelligence or not, health or illness.22
Meanwhile, what is meant by Ahliyyah al-Ada' is the ability that a person has to carry
out the obligations of the Shari'a that are deemed good or bad by the Shari'a. An example is
mukallaf, who performs prayers so that his practice is counted as fulfilling the commands of
the Shari' and gets a reward. The basis for knowing the status of Ahliyyah al-Ada`' is a
person's intellectual abilities. Therefore, someone who does not have the perfection of
reason, such as a child who has not yet mumayyiz or a crazy person, is considered not to
have Ahliyyah al-ada'`.23
Furthermore, when related to the state of development of human life, this Ahliyyah
al-ada' can be grouped into three categories, namely: First, do not have Ahliyyah al-ada' at all,
such as children who have not reached adulthood or crazy people. In circumstances and
conditions like this, words and actions are not considered before the law. However, if both
of them commit a crime, the punishment will be imposed on their property, not their
physical condition. For example, if both of them commit the crime of murder, then the
punishment is diyat (fine), not qishas. Second: not having perfect Ahliyyah al-ada', like a child
who is tamyiz (teenager and not yet mature) or someone who is weak of mind. In situations
and conditions like these, what is considered valid is what they consider to be beneficial to
them, such as receiving gifts and alms. Third: having perfect Ahliyyah al-ada', namely
someone who has reached the age of puberty or adulthood. Given the circumstances and
conditions of maturity and maturity of mind, he is considered worthy and able to carry out
the obligations of the Sharia.24
Ahliyyah al-Wujub is considered permanent in human beings as long as they retain
their essential human qualities. This form of ahliyyah does not disappear during a person's
lifetime. In contrast, Ahliyyah al-Ada’ is not constant; it develops over time and may
fluctuate. A person is regarded as possessing full ahliyyah when they reach maturity
(bulugh) and are deemed intellectually sound and responsible (‘aqil). However, Ahliyyah alAda’ is subject to various limitations. It refers to the capacity to make distinctions and
judgments based on reason. The primary indicator of this capacity is the presence of
maturity in both character and intellect. Therefore, a mature and sensible individual is
21

22

23

24

Ibn Hajar al-Asqalânî, Fathul Bârî: Syarh Shahih al-Bukhârî, Juz 1 (Beirut: Dâr al Kutub al Ilmiyyah,
2012), 96.
Ahliyyah wujub is divided into two parts: 1) Ahliyyah al-wujûb an-nâqishah, namely the skills
possessed by a person that make him deemed worthy of obtaining rights but not worthy of
carrying out obligations, or vice versa. The first example is a fetus in its mother's womb, which is
entitled to inheritance, wills, and endowments but is not worthy of being burdened with
obligations towards other people, such as providing support, grants, and so on. The second
example is a corpse that leaves behind debts; 2) Ahliyyah al-wujûb al-kâmilah, namely the perfection
of a person's skills, which makes him deemed worthy of rights and burdened with obligations.
This ability is permanent for everyone from birth, childhood, and adulthood, and under any
circumstances. Ibn Amîr al Hajj, At-Taqrir Wa at-Tahbir, Juz 2 (t.tp: Dâr al Kutub al Ilmiyyah, 1983),
168.
Ma’shum Zein, Menguasai Ilmu Ushul Fiqh: Apa Dan Bagaimana Hukum Islam Disarikan Dâri SumberSumbernya.
Abdul Wahâb Khallâf, Ilmu Ushul al Fiqih (Mesir: Maktabah ad Da’wah al Islamiyyah, n.d.), 137138.

316

considered to possess ideal Ahliyyah al-Ada’. Nonetheless, certain conditions or new
circumstances—such as mental illness or traumatic experiences—can impair a person's
reasoning. When such events compromise rational capacity, they become legal
impediments that reduce or eliminate the individual’s legal competence. As a result, the
person may be considered partially or wholly non-competent under Islamic legal
standards.25
Construction of Taklîf of People with Mental Disabilities and Intellectual Disabilities
The term disability has conventionally been understood as a condition in which an
individual experiences impairments in body structure or function, resulting in limitations in
carrying out daily activities. However, this understanding has evolved along with a
paradigm shift from the medical model to the social model and, more recently, to the human
rights-based model. Indonesia's Law No. 8 of 2016 on Persons with Disabilities reflects this
progressive approach by defining persons with disabilities as those who experience longterm physical, intellectual, mental, and/or sensory limitations which, when interacting with
their environment, may face barriers to full and effective participation in society on an equal
basis with others.26
A notable feature of this legislation is its recognition of various types of disabilities,
including mental disabilities. Nonetheless, in public discourse and everyday social
interactions, individuals with mental disabilities are still frequently subjected to stigmatizing
and derogatory labels such as "crazy" or "insane." These terms are not only inaccurate from
both medical and legal standpoints but also diminish the dignity of the individuals
concerned.²¹ Mental disability is not synonymous with severe mental illness. It refers to
disturbances in cognitive, emotional, and behavioral functions that affect an individual’s
ability to perform everyday tasks.³ Persons with mental disabilities are entitled to access
healthcare, rehabilitation, and legal protection as stipulated in Articles 37 to 72 of Law No. 8
of 2016.27
Mental disabilities consist of two groups, namely psycho-social disabilities and
developmental disabilities. Psycho-social disabilities are individuals who experience
disturbances in thoughts, behavior, and feelings that manifest in the form of a set of
symptoms or changes in behavior. Psycho-social disabilities have several varieties, for
example, people with mental problems (ODMK) or people with mental disorders (ODGJ),
schizophrenia, depression, and bipolar. Individuals with developmental disabilities, on the
other hand, suffer from developmental disorders that impair their ability to interact socially.
Examples of developmental disabilities are autism and ASD. Autism spectrum disorder and
ADHD (attention deficit hyperactivity disorder).28
25
26

27

28

Jayusman, “Permasalahan Menarche Dini (Tinjauan Hukum Islam Terhadap Konsep Mukallaf).”
Endra Agus Setiawan et al., “Konsep Dan Kriteria Kecakapan Bertindak Bagi Penyandang
Disabulitas Autisme Menurut Persefektif Hukum Perdata Indonesia,” Jurnal Selat 5, no. 2 (2018):
161–176, https://doi.org/10.31629/selat.v5i2.554.
Purba Bagus Sunarya dkk, “Kajian Penanganan Terhadap Anak Berkebutuhan Khusus,”
ABADIMAS ADI BUANA 02, no. 1 (2018): 11–19, https://doi.org/DOI:10.36456/abadimas.v2.i1.
a1617.
Dini Widinarsih, “Penyandang Disabilitas Di Indonesia: Perkembangan Istilah Dan Definisi,”
Jurnal Ilmu Kesejahteraan Sosial 20, no. 2 (2019): 127–142, https://doi.org/10.7454/jurnalkessos.
v20i2.239.

317

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Taklif and the Fulfillment of the Rights of Persons…

Furthermore, intellectual disability is a disability characterized by significant
limitations both in intellectual function (general mental capacity, such as learning, reasoning,
dressing, eating, communicating, and solving problems) and adaptive behavior, which
includes many daily social and practical skills, and occurs before the age of 18 years.29
According to the International Statistical Classification of Diseases and Related Health
Problems (ICD-10), intellectual disability is a condition of halted or incomplete mental
development, which is mainly characterized by limited skills during development, so that it
affects all levels of intelligence (cognitive, language, motor, and social).30 Intellectual
disability can occur with or without other mental or physical disorders.
It is important to observe the use of the terms 'intellectual disability' and'mental
disability' in this context. The Constitution of Persons with disability, Number 8 of 2016,
distinguishes between intellectual and mental disability. However, there is still medical
discourse regarding disability that implies intellectual disability is a type of mental
condition.31
Mental disability is a term used in the Guidelines for the Classification of Diseases
and Diagnosis of Mental Disorders (PPDGJ), where the PPDGJ does not recognize the term
mental illness but the term used is mental disorder.32 The Ministry of Health of the Republic
of Indonesia defines mental disorders as conditions where an individual's ability to function
normally in society and fulfill their obligations as a human being in that society is
disrupted.33
The distinction between the terms 'intellectual disability' and'mental disability' is due
to developments in psychiatric medicine that have found significant differences between
mental disorders and intellectual disorders based on the symptoms found and visible. These
differences are depicted in table form to make it easier to differentiate between the two
disabilities, which in everyday life almost look the same.
Table 1: Difference between Mental Disorders and Intellectual Disorders
1.
2.
3.
4.
29

30

31

32

33

Mental Disorders
Anxiety disorders (phobias)
Personality disorders (antisocial,
paranoid)
Mood disorders (bipolar)
Disorders of not being able to

Intellectual Disorders
1. Idiot (down syndrome)
2. Inhibition of hormones in the
thyroid gland (hypothyroidism)
3. Inflammation of the protective
layer of the brain and spinal

Ira Eko Retnosari and Rahayu Pujiastuti, “Maksim Kuantitas Dan Maksim Kualitas Dalam Tuturan
Bahasa Indonesia Pada Anak Disabilitas Intelektual,” Ranah: Jurnal Kajian Bahasa 10, no. 2 (2021):
270, https://doi.org/10.26499/rnh.v10i2.4053.
Ayu Mira Yunita et al., “Implementasi Metode Weight Product Dalam Penentuan Klasifikasi Kelas
Tunagrahita,”
JSiI
(Jurnal
Sistem
Informasi)
7,
no.
2
(2020):
78–82,
https://doi.org/10.30656/jsii.v7i2.2408.
DSM-5 Task Force. American Psychiatric Association, “Diagnostic and Statistical Manual of Mental
Disorders,” American Psychiatric Publishing, Inc. 21, no. 21 (2013): xiii, https://doi.org/
10.1176/appi.books.9780890425596.
Rusdi Maslim, Buku Saku Diagnosis Gangguan Jiwa (Jakarta: Penerbit Bagian Ilmu Kedokteran Jiwa
FK-Unika Atmajaya, 2013), 7.
RI Depkes, Pedoman Penggolongan Dan Diagnosa Gangguan Jiwa di Indonesia III (PPDGJ III) (Jakarta:
Depkes RI, 2013), h. 10.

318

control
desires
(kleptomania,
addiction to alcohol, nicotine and
illegal drugs)
5. Psychotic disorders (hallucinations,
schizophrenia)
6. Eating disorders (anoxeria nervosa)
7. Obsessive-compulsive
disorder
(repetitive rituals)
8. Post-traumatic disorders
9. Stress response syndrome
10. Dissociative
disorders
(split
personality)
11. Sexuality and gender disorders
12. Somatoform disorders (pain even
without medical problems)

cord (meningitis)
4. Pregnancy
disorders
(preclamansia)
5. Disturbances in giving birth
(premature)

In Islamic law, reason is the main foundation in the construction of taklîf (the
imposition of sharia law) on a person. Among the requirements of a mukallaf (a person who
is burdened with sharia law) are being rational in addition to being mature and
understanding the khithâb (Allah's command). Therefore, people who are not rational are not
subject to the burden of taklîf. He was not taklîf because he did not understand the khithâb
that came from Shari (lawmaker/Allah). They also don't understand what is being charged
to them, and they don't know how to uphold the actions they are charged with, and there is
no intention on their part. 34
Taklîf can be understood as someone's burden. Those affected by taklîf are those who
have been assigned the burden or are legally able to take action. A person can only be
charged with the law if he is rational and understands the Taklîf directed at him. This is
defined by an individual's ability to protect themselves, their minds, and their property. 35
According to Constitution in Mental Health No. 18 of 2014, ODMK are people who have
physical, mental, social, growth, and development problems and/or quality of life problems,
so they are at risk of experiencing mental disorders. Meanwhile, ODGJ is a person who
experiences disturbances in thoughts, behavior, and feelings that manifest in the form of a
set of symptoms and/or changes in behavior that are meaningful and can cause suffering
and obstacles in carrying out the person's functions as a human being.36
Looking at the definitions and distinctions above, it can be concluded that people
with psycho-social mental disabilities in the form of People with Mental Problems (ODMK)
are people who are not yet sick. They have just experienced problems that have the potential
to cause mental disorders. In this category they are still mukallaf and have perfect legal skills
(ahliyyyah). Meanwhile, people with mental disorders (ODGJ) are a group of people who

34

35
36

Abd al-Karim bin ‘Ali bin Muhammad al-Namlah, Al-Jâmi‘ Li Masâ’Il Ushûl al-Fiqh Wa Tathbîqihâ
‘alâ al-Madzhab al-Râjih, ed. Cet. 1 (Riyadh: Maktabah al-Rusyd, 2000), 52-53.
M.N. Harisudin, Ilmu Ushul Fiqh (Malang: Instrans Publishing, 2020), 20.
Endang Caturini Sulistyowati and Insiyah, “Peningkatan Kualitas Hidup Orang Dengan
Gangguan Jiwa Melalui Self Help Group,” Jurnal Terpadu Ilmu Kesehatan 9, no. 2 (2020): 117–268,
https://doi.org/10.37341/interest.v9i2.264.

319

Fuad Masykur, Ahmad Bahrul Hikam, Muhammad Amin

Taklif and the Fulfillment of the Rights of Persons…

have been diagnosed with a mental disorder, such as bipolar disorder, 37skizofrenia,38
anxietas, 39 depression, 40 and etc.
To embrace taklîf, one must be intelligent (intellectually capable), grasp the
requirements of worship, and be able to understand and practice the terms and conditions.
Junun (crazy), sakran (drunk), ighma' (epilepsy), and ahmaq (extremely stupid) are classic fiqh
definitions of mental and intellectual disorders. ODGJ is comparable to cases in classical
jurisprudence literature, including Majnun (mad). Wahbah az-Zuhaylî explains the term alma'tûh in current references:

ِ ِِ
ِ
ِ
ِ ِ ِ ‫ض ِطر‬
ِ ِ
ٍ ‫اْلِلْ َق ِة أ َْو لِ َمَر‬
‫ض طَا ِر ٍئ‬
ْ ‫َص ِل‬
ُ ِ‫ ُمُْتَل‬،‫يل الْ َف ْه ِم‬
ْ ‫ َس َواء م ْن أ‬،‫اب َع ْقله‬
َ ْ ‫ فَاس ُد التَّ ْدبري ِل‬،‫ط الْ َكَلم‬
ُ ‫ ُه َو َم ْن َكا َن قَل‬:ُ‫اَلْ َم ْعتُوه‬

41

Meaning: Al-Ma’tûh is people who have little comprehension ability, whose speech is chaotic, and who
have difficulty organizing themselves because of their mental disorders. Whether it's from birth or
because of an illness that comes.
The concept of al-ma'tûh includes the recognition that some mental and intellectual
disabilities are the result of disease, whether organic or not, and that others are genetic, such
as Down syndrome and other forms of mental retardation.

37

38

39

40

41

Bipolar disorder is a psychological condition that is characterized by significant mood fluctuations
in the form of manic (happiness) and depression (sadness). The sufferer's mood might shift
abruptly between two opposing poles (bipolar), notably excessive mania and depression, with no
discernible pattern or time frame, or it can be a combination of mania and depression at the same
moment. Meilanny Budiarti Santoso et al., “Pekerjaan Sosial: Bekerja Bersama Orang Dengan
Gangguan Bipolar,” Prosiding Penelitian Dan Pengabdian Kepada Masyarakat 5, no. 1 (2018): 14,
https://doi.org/10.24198/jppm.v5i1.16019.
Schizophrenia is a mental disorder characterized by impaired thought processes and weak
emotional responses. This condition generally manifests itself in the form of auditory
hallucinations, paranoia, bizarre delusions, or disorganized speech and thinking and is
accompanied by significant social and occupational dysfunction. A person diagnosed with
schizophrenia can experience hallucinations, delusions, and impaired thinking and speech;
withdraw from social environments; lose motivation and judgment; and so on. Elizabeth Martin,
Schizophrenia (Oxford: Oxford University Press, 2010), p. 1933. Rieska D. Ambarsari and Endah
Puspita Sari, “Penyesuaian Diri Caregiver Orang Dengan Skizofrenia (ODS),” Psikologika : Jurnal
Pemikiran
Dan
Penelitian
Psikologi
17,
no.
2
(2012):
77–85,
https://doi.org/10.20885/psikologika.vol17.iss2.art9.
Anxiety disorders are states of excessive or inappropriate tension characterized by feelings of
worry, uncertainty, or fear. Anxiety symptoms consist of two components, namely: 1)
psychological symptoms in the form of anxiety or anxiety itself; 2) the physical component is a
manifestation of excessive alertness, such as heart palpitations, increasingly rapid breathing, dry
mouth, stomach complaints, cold hands and feet, muscle tension, and others. Hyperventilation is
often not realized by anxiety sufferers. Willy F. Maramis, Ilmu Kedokteran Jiwa (Surabaya: Airlangga
University Press, 2009), 56.
Depression is a mood disorder characterized by feelings of deep sadness and a loss of interest in
things you like. The psychological characteristics are excessive anxiety and worry, unstable
emotions, and feelings of hopelessness or frustration. Meanwhile, the physical characteristics are
always feeling tired, dizzy, and achy for no apparent reason, as well as decreased appetite.
Depression that continues and does not receive treatment can cause a decrease in work
productivity, disruption of social relationships, and even suicidal thoughts. Eric J Nestler Vaishnav
Krishnan, “Animal Models of Depresi: Molecular Perspectives,” Molecular and Functional Models in
NeuropsychiatrY 7, no. 1 (2011): 121–47, https://doi.org/DOI: 10.1007/7854_ 2010_108.
Wahbah az-Zuhylî, Al-Fiqhul Islâmi Wa Adillatuh, Juz 1 (Damaskus: Dâr al-FikrDâr al-Fikr, n.d.),
304.

320

According to classical and contemporary fiqh books, if you understand ODGJ as
majnun or al-ma'tuh, you are not required to perform taklîf such as prayer, whereas ODGJ and
people with intellectual disabilities who are not yet in the tamyiz category and have not been
exposed to taklîf are those who have difficulty carrying out treatment personal basics such as
eating, drinking, bathing, dressing, or other simple activities. This group does not bear the
weight of required worship, hence their taklîf is limited to their ability to understand and
carry out the responsibility to pray.
However, for ODGJ and people with intellectual disabilities, this needs to be detailed.
A person diagnosed with a certain mental disorder may not necessarily be unable to
understand the obligations of worship. For example, people with psychosis or schizophrenia,
with delusions or hallucinations that have been controlled under drug treatment, have the
ability to communicate with other people. Likewise, with intellectual disabilities, it is
necessary to first review the extent of their ability to understand the obligations of prayer.
The ODGJ in Constitution 18, 2014, defines a disorder as "a person who experiences
disorders in thoughts, behavior, and feelings that are manifested in the form of a set of
symptoms and/or significant changes in behavior and can cause suffering and obstacles in
carrying out the person's functions as a human being." So, if a person has "significant
symptoms and/or changes in behavior" and "is hampered in carrying out their functions as a
human being," they are considered to have a mental disease.42
To assess such symptoms and meaningful changes in behavior requires a diagnosis
from professional mental health personnel, either a doctor or psychologist. It should be
noted that the psychiatric diagnosis guideline that is widely used in Indonesia is PPDGJ III
or DSM IV, and there are various types of mental disorders, including: due to substance use,
due to physical disorders, addiction, emotional disorders, behavioral disorders, and even
mental retardation. This shows that what is called "crazy" by the general public is not one
cause and one dimension.
One of the serious challenges for people with mental disabilities is how to recognize
the level of awareness of their actions when taking legal action. It may be easy for people
with depression and bipolar disorder to identify and assess responsibility, but it will
definitely be very difficult to assess the legal actions of people with schizophrenia. It requires
the involvement of experts to assess whether a schizophrenic's actions are in a state of
relapse (relapse) and/or in a conscious state. Because, according to experts, schizophrenia is
a mental disorder that occurs in the long term. The disorder causes sufferers to experience
hallucinations (hearing voices or seeing things that other people don't), delusions (beliefs
that other people think are unfounded), confused thinking, and changes in behavior. When
in a state of relapse, schizophrenic sufferers generally find it difficult to differentiate between
reality and other thoughts that surround them.
Meanwhile, intellectual disorders must be classified as mild, moderate, or severe,
which is not the same as what society labels "crazy." As a result, in terms of taklîf for people
with mental and intellectual disability, the following must be done: Determine their ability to
understand and carry out the taklîf of their worship. First, A health professional's diagnosis,
as well as the essential therapeutic steps, may be required in this case. Second, according to
their ability, provide worship help. Family and caregivers guide ODGJ and people with
42

Arif Munandar, Ilmu Keperawatan Jiwa (Bandung: Media Sains Indonesia, 2022), 114.

321

Fuad Masykur, Ahmad Bahrul Hikam, Muhammad Amin

Taklif and the Fulfillment of the Rights of Persons…

intellectual disabilities based on their capacity. Third, provide ODGJ and individuals with
intellectual disabilities the opportunity to participate in religious activities that are
appropriate for their ability. Those who are regarded incapable to do prayers in complete
circumstances and harmony, for example, do not have the obligation to qadha' prayer.
According to the description above, the impact of disability on the legal skills of
people with mental disorders and intellectual disabilities after being identified by health
workers can be classed as follows, based on the level of knowledge and reason:
Table 2: Mental and Intellectual Disability Scale
Scale

Mild

Middle

Severe

Various
Disabilities
Autisme High
Functioning43 (IQ
high), ADHD,44
Syndrome
Asperger,45
Learning
Disorder46
Autisme and
Mental
retardation
Schizophrenia
and other
disorders such as
Bipolar and any
mental disorder
that diminishes
consciousness
according to
experts

Analogy

Perfect
sense

Legal Skills
Ahliyyah
wujub &
Ahliyyah ada'
al-kamilah

Ahliyah wujub
Mumayyiz & Ahliyah ada'
naqisha
Ahliyah wujub

Hindrances
None

Imperfect
sense
No sense

Crazy

The main requirements in Taklîf are reason and free will in carrying out actions.
Persons with mental disabilities and persons with intellectual disabilities are considered to
43

44

45

46

People with high-functioning autism are those who demonstrate high intelligence, are able to use
language and speech effectively, and demonstrate the ability to follow common routine.. Sulthon,
Pendidikan Anak Berkebutuhan Khusus (Jakarta: PT. Raja Grafindo Persada, 2021), 162.
ADHD, or attention deficit hyperactivity disorder, is a mental disorder that causes children to have
difficulty concentrating and have impulsive and hyperactive behavior. Juke R. Siregar, Teori
Penelitian Dan Praktik ADHD Pada Anak (t.tp: Penerbit Alumni, 2022), xiii.
Asperger's syndrome is a mental and neurological development disorder that is included in the
autism spectrum disorders. Children with Asperger's syndrome experience impaired
communication and social interaction skills, but still have good intelligence and language skills.
Rafael Lisinus, Pembinaan Anak Berkebutuhan Khusus (Sebuah Perspektif Bimbingan Dan Konseling)
(t.tp: Yayasan Kita Menulis, 2020), 175.
Learning disorder is a brain dysfunction disorder that affects the ability to receive, process, analyze, or store
information. Children with learning disorders may have the same or even a higher level of intelligence than
their peers, but they require more effort to learn in order to achieve the same results as those around them.
Westwood P., Learning Disorders: A Response-to-Intervention Perspective (Britania Raya: Taylor &
Francis, 2017), 2.

322

be people who experience disturbances in thoughts, behavior, and feelings that are
manifested in the form of a set of symptoms and/or significant changes in behavior and can
cause suffering and obstacles in carrying out people's functions as human beings.
People with mental disabilities and intellectual disabilities in relation to taklîf are
subject to expert status or legal eligibility. There are people with mental disabilities who fall
into the category of being unreasonable; that is, the group of people with psychosocial
disabilities are automatically not subject to physical taklîf, even though they are still subject
to financial and existing taklîf. People with developmental mental impairments and
intellectual disabilities who are still considered intelligent face physical and financial assault.
Implementation of Taklif Zakat Obligations for Persons with Mental and Intellectual
Disabilities
Zakat is one of the Islamic religious responsibilities, and academics are divided on the
subject. Some argue that there is no requirement to pay zakat on assets possessed by children
who have not yet reached adulthood and who are crazy. This is owing to the fact that they
are exempt from sharia responsibilities (taklîf). Because they are not mukallaf, there is no
zakat duty on the assets they jointly own. Other scholars argue that zakat is still required of
them. Because zakat is a requirement related to property ownership, consider whether the
property owner is amukallaf or not. This is based on at-Taubah (9: 103) and messages of the
Prophet to Mu'âdz bin Jabal:

ٍ َّ‫َع ِن ابْ ِن َعب‬
َّ ‫ أ‬:‫اس َر ِضي هللاُ َعْن ُه َما‬
‫ َش َه َادةِ أَ ْن‬:‫ ْادعُ ُه ْم إَِل‬:‫ال‬
َ ‫ فَ َق‬،‫ث ُم َعاذًا َر ِض َي هللاُ َعنْهُ إَِل الْيَ َم ِن‬
َ ‫ بَ َع‬:‫صلَّى هللاُ َعلَْي ِه َو َسلَّ َم‬
َّ ِ‫َن الن‬
َ ‫َّب‬
َ
ِ ‫ فَأ‬،‫ فَِإ ْن هم أَطَاعوا لِ َذلِك‬،ِ‫ول هللا‬
ٍ ‫َن هللا قَ ِد افَْتض علَي ِهم َخَْس صلَو‬
‫ فَِإ ْن ُه ْم‬،‫ات ِِف ُك ِيل يَ ْوٍم َولَْي لَ ٍة‬
ُ ‫َّن َر ُس‬
ْ َ
‫َِل إِلَهَ إَِِّل هللاُ َوأِي‬
ُ ُْ
َ َّ ‫َعل ْم ُه ْم أ‬
ََ َ ْ َْ َ َ
47 ِ ِ
ِِ
ِِ
َّ ‫َعلِ ْم ُه ْم أ‬
.‫خ ُذ ِم ْن أَ ْغنِيَائِ ِه ْم َوتَُرُّد َعلَى فُ َقَرائه ْم‬
َ ‫أَطَاعُوا ل َذل‬
ْ ‫ فَأ‬،‫ك‬
َ ‫ تُ ْؤ‬،‫ص َدقَةً ِف أ َْم َواِل ْم‬
َ ‫َن هللاَ افْ ََت‬
َ ‫ض َعلَْي ِه ْم‬
Meaning: From Ibn Abbâs ra, in fact, the Prophet Muhammad SAW, when sending Mu'âdz bin Jabal
ra to Yemen, the Prophet said: "Invite them to testify that there is no god but Allah and indeed I am
the messenger of Allah. (And if they have obeyed), then tell them that Allah has made obligatory upon
them alms (zakat) from their wealth taken from their rich people and given to their poor people." (HR.
Bukhâri)
According to this argument, there is an obligation to pay zakat on properties
possessed by minors and the insane. And his guardian is the person who looks after his
zakat. When interpreting this verse, Ar Râzy cites this difference by stating that the apparent
meaning of the verse shows that zakat is only obligatory as purification from sins, so zakat
does not become obligatory unless it becomes purification from sins, and sin can only occur
in the actions of intelligent adults, as Abû Hanifah believes. Al-Syâfi'î opposed this
viewpoint, stating that purifying and cleansing assets is merely one cause of the
responsibility of zakat; the loss of a specific cause does not necessarily imply the loss of an
absolute law.48
Ibn Hazm stated in al-Muhalla that zakat is obligatory on men and women, free and
slaves, both male and female slaves, adults and small children, intelligent people, and crazy
people from among the Muslims. When interpreting verse 103 of Surah At-Taubah, Ibn

47
48

Muhammad bin Ismâîl al-Bukhârî, Shahîh Bukhârî, Juz 7 (Dâr Tuq an-Najat, 1422). 130
Fakhrudin ar-Râzî, Mafatîh Al-Ghaib, Juz 16 (Beirut: Dâr Ihya at-Turats al-Arabî, n.d.), 135.

323

Fuad Masykur, Ahmad Bahrul Hikam, Muhammad Amin

Taklif and the Fulfillment of the Rights of Persons…

Hazm states that this is common to everyone, young and old, sane and crazy, free and slave.
They all need purification and cleansing from God, and they are all believers.49
Jumhur scholars are of the opinion that zakat is obligatory on the assets of small
children and the insane. These are the Mâlik, Syâfi'î, and Ahmad schools. They based their
opinion on the arguments of Surah at-Taubah (9:103) and the hadith of Rasulullah SAW to
Mu'âdz ibn Jabal when he sent him to Yemen above. Meanwhile, Hanafiyyah Fuqoha
believes that zakat is not obligatory on the assets of small children and the insane, just as
other acts of worship are not obligatory on them, such as prayer and fasting. However, both
of them are still required to pay agricultural zakat and zakat fitrah from their assets.50
Jumhur scholars refute this opinion. According to them, prayer and fasting are not
obligatory for small children because both are physical acts of worship, and small children
are physically unable to carry them out. Zakat is a pure material right, and this material right
can be imposed on a child. Just as if a small child loses someone else's property, he must
replace the item with the property he owns. Like the obligation to support relatives, a minor
child can be required to support his relatives if certain conditions are met. Just like they also
argued against Abû Hanîfah, if small children and crazy people are obliged to pay
agricultural zakat and fitrah zakat, then of course they are both obliged to pay zakat for their
wealth.
Zakat payments will be given for little children or insane individuals by their
guardians or caregivers. Zakat is deducted from his money when he turns one year old, and
he does not have to wait until the child reaches puberty. "If it has been determined that zakat
is obligatory on the assets of small children and the insane, then a guardian or caregiver
must pay it from their assets," Ibn Qudâmah declared in al-Mugnî. Because zakat is
mandatory, it must be paid from one's assets, exactly like zakat for someone who has
acquired maturity and wisdom. A guardian represents him in carrying out his
responsibilities. Because zakat is a required right for little children and insane individuals,
their guardians must fulfill this right as their representatives. The need to provide for one's
kin is the same.51
Implementation of Financial Transaction Rights for Persons with Mental and Intellectual
Disabilities
Most assets earned by people are free to be managed independently under Islam;
nevertheless, certain groups are prohibited from managing their own assets. The prohibition
is known as hajr. Linguistically, al-hajru translates to al-man'u, which means to prevent or
ْ
َ ‫َصف ف‬
ُّ َ َّ
hinder. Sharia defines al-hajru as: ‫الم ِال َمن ُع‬
‫( الت ِ ِ ي‬Prevent the use of property).
The concept of al-hajr is a form of restriction for someone to manage their wealth
because they are still small or their intellect is not perfect.52 Allah SWT forbids giving wealth
to people who are unable to manage their wealth well. This form of prohibition is to protect
these people so that they do not use their assets wastefully. If the assets are given to them,
49

50
51
52

Ibn Hazm Abâ Muhammad Ali bin Ahmad, Al-Muhallâ Bil Âtsâr, ed. Juz 4 (Beirut: Dâr al-Fikr,
n.d.), 4.
Ibn Âbidîn, Hasyiyah Ibn Âbidîn, Juz 2 (Beirut: Dâr al-Fikr, 2016), 258.
Ibn Qudâmah al-Maqdisî, Al-Mugnî, Juz 2 (Riyadh: Dâr A’lam al-Kutub, n.d.), 47.
Muhammad as-Syarbîni al-Khatîb, Al-Iqnâ’ Fi Hall Alfâdz Abî Syujâ’ (Jakarta: Dâr Ihya al-Kutub al‘Arabiyah, n.d.), 26.

324

there is a fear that they will be used up without any benefit. So, the existence of al-hajr in
Islam is solely to protect the personal benefit of the person concerned, so that all activities
related to muamalah that they carry out do not come to harm.
Al-hajr is divided into two parts: first, barriers to safeguarding other people's rights,
such as barriers to prohibiting people from using their assets to protect the rights of people
who owe money; second, prohibition in aim to protect the soul, such as prohibition to small
children (underage), safah (stupid), and people who have weak minds for their own benefit.53
Persons with mental and intellectual disabilities are prohibited from using their assets based
on the nash and ijma', whether their mental or intellectual disorders are permanent (not
cured) or temporary and only recur at certain times. Therefore, their legal actions are
justified when they are in a healthy condition when using their assets, whereas if we do not
know for sure whether when they use their assets they are in a state of madness or health,
then their actions are invalid. Because common sense is one of the pillars of the validity of
mu'amalah.
Therefore, they need an absolution system. The term absolution comes from the
Dutch word curatele, which in English is called custody or interdiction (French). The institution
of pardon has been known since Roman times. In the law of that era, people who were
mentally ill and also the extravagant who misused their ability to act, whose actions could
endanger their wealth, then, for their own interests, someone else had to regulate them, so
that they had to be under the protection of absolution.54
In positive law, pardon is known as curatele, which is a situation where a person,
because of their personal characteristics, is considered incompetent or not clever enough to
act in legal traffic. People who are placed under guardianship are considered incompetent to
act independently in legal matters because of their personal characteristics. On that basis, the
law allows someone to be made the guardian of the person under guardianship.
In legal terms, people under guardianship are considered immature, in the sense that
they cannot act independently before the law. Regarding the reasons for absolution, in
Article 433 of the Civil Code, it is explained that every adult who is always in a state of stupidity,
brain disease, or dark eyes must be placed under absolution. An adult may also be placed under
guardianship because of his extravagance.55
The sound of the phrase above indicates that the position of an adult who is attached
to a condition in the form of a state of stupidity, brain disease, or dark eyes, even if he
becomes normal (not in a state of stupidity, brain disease, or dark eyes) and is able to speak,
If he uses his mind to carry out an act that has a legal basis, then he must still be placed
under guardianship (curatele). He has a condition that, while it occasionally returns to
normal, renders him incapable of carrying out legal acts, thus he must be aided by another
person whose implementation must be supervised by the appropriate authorities for that
reason.56

53
54
55
56

Sayyid Sabiq, Fiqih Sunnah, Juz 3 (Beirut: Dâr al-Kitab al-Arabi, 1977), 566.
Titik Triwulan Tutik, Hukum Perdata Dalam Sistem Hukum Nasional (Jakarta: Kencana, 2010), 92.
Soedharyo Soimin, Hukum Orang Dan Keluarga (Jakarta: Sinar Grafika, 2010), 51-52.
Agus Digdo Nugroho, Quo Vadis Pencari Keadilan Penyandang Disabilitas Di Pengadilan (t.tp: Cipta
Media Nusantara, n.d.), 41.

325

Fuad Masykur, Ahmad Bahrul Hikam, Muhammad Amin

Taklif and the Fulfillment of the Rights of Persons…

Furthermore, Article 32 of the Law on Persons with Disabilities stipulates that
persons with disabilities can be declared incompetent based on a district court decision. The
explanation of the article also states that persons with disabilities who can be declared
incompetent are those who are not yet adults and/or under guardianship. If these provisions
are linked to the provisions in Article 433 of the Civil Code, then persons with disabilities
who can be placed under guardianship are persons with intellectual disabilities such as an
intelligence level below average; mental disabilities and Down syndrome; and people with
mental disabilities due to impaired thinking, emotional, and behavioral functions due to
schizophrenia, bipolar, depression, anxiety, and personality disorders; and autistic and
hyperactive.57
Implementation of the Marriage Rights of Persons with Mental and Intellectual
Disabilities
A crazy person is one whose activities, whether in the form of worship or muamalah
(interactions with other people), are not evaluated. A Marriage to insane people, on the other
hand, is still permissible as long as it benefits both parties. There is no mention of akil (sense)
as a criterion for the legitimacy of a marriage in the Marriage Law or the Compilation of
Islamic Law (KHI). However, the presence of a minimum age limit for the prospective bride
and groom is an implicit response to the significance of akil as a need for the prospective
bride and husband.58
In the Constitution of the Republic of Indonesia Number 8 of 2016 concerning
Persons with Disabilities in the fourth part concerning the Right to Privacy in Article 8,
among the privacy rights for Persons with Disabilities are the right to form a family and
continue their offspring through a legal marriage; and the right to respect for home and
family.
If people with mental and intellectual disabilities are on the mild scale and have
Ahliyyah al-wujub and Ahliyyah al-ada' al-kamilah, then their marriage status is valid, while if
they are on the moderate and severe scale and really need to get married, then the marriage
can be carried out by a mujbir guardian, namely the father and grandfather of the disabled
person. If there are neither of these, then it can be done by the person who holds authority in
the jurisdiction of the disabled person, not by other close relatives.
According to al-Mahallî, the following is the explanation of the scholars on whom this
conclusion is based.:

ِ
ِ
ِ ‫وغ َِل ي ْد ِري َكيف ي ُكو ُن ا ِْلَمر ِِِبَل‬
ِ َّ ‫ف‬
ِ ْ ‫َِل ي زَّوج ََْمنُون صغِري ِِلَنَّه َِل َْيتَاج إلَي ِه ِف‬
ُ‫اجتُه‬
ْ ُ
ُ
َ
َ ‫ فَِإ َّن الظَّاهَر َح‬،‫الصغ ِري الْ َعاق ِل‬
َ َْ
َ ِ ُ‫اْلَال َوبَ ْع َد الْبُل‬
ُ َُ
ُْ
ِ
ِ
ِ
ِ
ِِ
ِ
ِ
ِ
ِ
ٍ
‫ك أ َْو‬
ِ ُ‫إلَْي ِه بَ ْع َد الْبُل‬
َ ‫اجة) َكأَ ْن تَظْ َهَر َر ْغبَتُهُ ِف الني َساء بِ َد َوَرانه َح ْوَِلُ َّن َوتَ َعلُّقه ِب َّن َو َْن ِو َذل‬
َ َ‫ج ََْمنُون ( َكبِري َّإِل ْل‬
ْ ‫(وَك َذا) أ‬
ُ ‫َي َِل يَُزَّو‬
َ ،‫وغ‬

57

58

Puspaningtyas Panglipurjati, “Sebuah Telaah Atas Regulasi Dan Penetapan Pengampuan Bagi
Penyandang Disabilitas Di Indonesia Dalam Paradigma Supported Decision Making,” Jurnal
Paradigma Hukum Pembangunan 6, no. 2 (2021): 79–109, https://doi.org/DOI:10.25170/
paradigma.v6i02.2586.
Yayuk Afiyanah, “Hukum Perkawinan Bagi Penyandang Disabilitas Mental Menurut UndangUndang No. 1 Tahun 1974 Dan Undang-Undang No. 8 Tahun 2016,” Jurnal Syntax Admiration 1, no.
7 (2020): 991–1003, https://doi.org/DOI:10.46799/jsa.v1i7.132.

326

ِ ِ
ِ ِ ِ
ِ ‫السلْطَا ُن دو َن سائِ ِر الْعصب‬
ِ ِ ‫اْل‬
ِ ِ َ‫الش َفاء بِِه بَِقوِل ع ْدل‬
ِ
‫ات‬
ْ َّ‫َب ُث‬
ُّ َّ‫اْلَ ُّد ُث‬
ْ َ ْ
ُ ‫ َويَُزيِو ُجهُ ْاِل‬،‫اجة ِبَا‬
ََ َ َ ُ
َ َْ ‫ (فَ َواح َدة) ِلنْدفَ ِاع‬،‫ْي م ْن ْاِلَطبَّاء‬
ُ ‫يُتَ َوقَّ ُع ي‬
ٍ
ِ ِ
59.‫ون ظهرت حاجته‬
ِ
ُ ُ َ َ ْ َ َ َ ُ‫يج ََْمن‬
َ ‫ َوقَ ْد تَ َقد‬،‫َك ِوَِليَة الْ َمال‬
ُ ‫َّم أنَّهُ يَلَْزُم الْ ُم ْج َُب تَ ْزِو‬
Meaning: Don't marry a little crazy man, because there is no need for marriage at that time, whereas
after puberty, it is not known what the situation will be like. This is different from small children who
are sensible, so they need to get married after they reach puberty. Likewise, adult crazy people don't
marry unless there is a need, such as when Dzahir likes women by circling around them, having sex
with them, and so on. Or it is hoped that he will recover due to marriage, based on the opinion of two
fair doctors. If there is a need for marriage, then only one is permitted because the need for one wife is
already met. This crazy person was married off by the father, then the grandfather, then the person in
authority, not by other 'ashabahs as well as those with authority over property matters. There has been
a previous explanation that it is obligatory for mujbir guardians to marry crazy people whose dzahir
requires marriage.
Al-Haitamî when commenting on this case stated:

ٍِ
ٍ
ِ ‫َب واْلَ َّد َوإِ ْن َلْ يَ ُك ْن َِلَُما ا ِإل ْجبَ ُار ِف بَ ْع‬
‫اج ٍة‬
ُّ ‫ض‬
َ ‫(ويَلَْزُم املُ ْجِ َُب) أي اِل‬
َ َ‫يج ََْمنُونَة) أَطْبَ َق ُجنُوهنُاَ (َبلغَة) َولَ ْو ثَيِيبًا ُُْمت‬
ُ ‫ (تَ ْزِو‬..‫الص َوِر‬
َ
60 ِ
.‫طء‬
ْ ‫لِْل َو‬
Meaning: A mujbir guardian, namely father and grandfather, must marry a crazy woman who
reaches puberty... if she appears to want to marry.

Permanent mental illnesses do not invalidate a marriage, but they are a humiliation
that allows a partner to divorce a partner who has this disease. According to Al-Jaziri, this
viewpoint is as follows:

ِ ‫ول أَو َكا َن موجودا قَبل‬
ِ ِ
ِ ‫ث ب ْع َد الع ْق ِد والد‬
‫الر ُج ِل‬
َّ ‫ْي‬
َ َ‫الع ْقد فََل فَ ْر َق ب‬
ُ َ َ َ َ ‫أ ََّما اْلُنُو ُن فَِإنَّهُ َْي َع ُل ل ُك ٍل مْن ُه َما اْلَيَ َار ِف ال َف ْس ِخ َس َواء َح َد‬
َ َ ْ ً ُ َْ
ْ ‫ُّخ‬
61 ِ
.‫َوامل ْرأَة‬
َ
Meaning: Whether the insanity arises after the contract, after intimate connections, or before the
marriage contract, both parties (husband and wife) have the option to fasakh (dissolve the marriage).
There are no distinctions between males and women.

Based on the above description, it seems that the main problem does not lie in the
disability status, but rather in the individual's ability to understand and give consent to the
marriage contract. Therefore, the approach in determining the validity of the marriage of
people with disabilities must avoid generalizations, encourage professional assessment
(psychologists/psychiatrists) to assess the level of capacity, and provide legal and social
protection mechanisms, either through family support, guardians, or religious courts.
Therefore, marriages for people with mental or intellectual problems, according to the
author, must still consider the benefits for both husband and wife. This means that even if a
person with a disability in the medium or severe category is deemed to require a marriage
bond and is declared a valid marriage under the guardianship of his or her guardian, it
should not be continued if a psychiatrist's diagnosis indicates that it has the potential to
endanger his or her partner.

59
60
61

Jalâluddin al-Mahallî, Kanz Ar-Râgibîn, Juz 3 (Beirut: Dâr al-Fikr, 1995), 238.
Ibn Hajar al-Haitamî, Tuhfat Al-Muhtâj, Juz 7 (Beirut: Dâr Ihya at-Turats al-Arabi, 1983), 266.
Al-Jaziri, Al-Fiqh Ala al-Mazahib al-Arba’ah, Juz 4 (Beirut: Dâr al-Kutub al-Ilmiah, 2003), 172.

327

Fuad Masykur, Ahmad Bahrul Hikam, Muhammad Amin

Taklif and the Fulfillment of the Rights of Persons…

Conclusion
This study shows that the construction of taklîf for persons with disabilities does not
only use the provisions of rukhshah as the only solution in addressing their limitations in
exercising religious rights, but can use the inclusive instrument of the ahliyyah concept. With
this, all persons with disabilities are seen as having ahliyah wujub, namely human capacity to
receive their rights based on their human nature. In the implementation of these religious
rights, it is adjusted to the conditions and abilities of persons with disabilities, so that some
are subject to taklif and some are not subject to taklif. People with psycho-social mental
disabilities in the form ODMK are not viewed as sick people, but only experience problems
that have the potential to cause mental disorders, so they are still mukallaf and have perfect
legal capacity (ahliyah). Meanwhile, ODGJ and people with intellectual disabilities who have
not yet tamyiz, do not receive the burden of worship obligations. Taklîf for them is only
limited to being able to understand the obligation of prayer and carry it out.
Fulfillment of religious rights and obligations for people with mental and intellectual
disabilities is given according to the level of ahliyah they have. People who suffer from
mental or intellectual disorders, whether permanent or temporary, are prohibited from using
their property because there is a barrier in the form of imperfect reason. For this reason, they
are given accessibility in the form of guardianship rights. The same thing in terms of
marriage, people with mental and intellectual disabilities who are classified as mild and have
ahliyah wujub and ahliyah ada' kamilah are given accessibility to marry. Meanwhile, if they are
classified as moderate and severe, if they really need to get married, then the marriage can be
carried out by a wali mujbir.
Previous discussions on the concept of taklīf have primarily focused on its application
within the framework of Islamic law, often centering on legal obligations. However, equally
important dimensions warrant attention—particularly taklīf related to fundamental religious
beliefs (al-taklīf bi al-uṣūl), such as the obligation to believe in and know God. This category of
taklīf can serve as the foundation for broader legal responsibilities, and its implications may
vary depending on the limitation individuals experience. Beyond providing a theological
basis for affirming Islamic principles, this perspective also offers guidance for persons with
disabilities to participate in religious life according to their specific conditions and capacities
References
Abd al-Karim bin ‘Ali bin Muhammad al-Namlah. Al-Jâmi‘Li Masâ’Il Ushûl al-Fiqh Wa
Tathbîqihâ ‘alâ al-Madzhab al-Râjih. Edited by Cet. 1. Maktabah al-Rusyd, 2000.
Abd al-Malik bin Abdullâh al-Juwaynî Al-Haramain. Al-Burhan Fî Ushûl al-Fiqh. Juz 1. Dâr
al-Kutub al-Ilmiyah, 1997.
Abdul Wahâb Khallâf. Ilmu Ushul al Fiqih. Maktabah ad Da’wah al Islamiyyah, n.d.
Abû Hâmid Muhammad al-Gazâlî. Al-Mustashfâ. Dâr al-Kutub al-‘Ilmiah, 1993.
Abu Husain Muslim ibn al-Hajjaj. Shahih Muslim. Dar Ihya al-Turats al-‘Arabi, n.d.
Agus Digdo Nugroho. Quo Vadis Pencari Keadilan Penyandang Disabilitas Di Pengadilan. Cipta
Media Nusantara, n.d.
Ala’uddin Abd al-Azîz bin Ahmad al Bukhâri. Kasyf al Asrâr ‘an Ushûl al Bazdâwî. Juz 4. Dâr
al Kutub al Ilmiyyah, 1997.

328

Al-Jaziri. Al-Fiqh Ala al-Mazahib al-Arba’ah. Juz 4. Dâr al-Kutub al-Ilmiah, 2003.
Al-Marâgî, Ahmad Musthafâ. Tafsîr Al-Marâgî. Juz 30. Musthafa Babi al Halabî, 2017.
Al-Mardâwî. Tahrîr Al-Manqûl. Wizarat al-Awqâf, 2013.
Ambarsari, Rieska D., and Endah Puspita Sari. “Penyesuaian Diri Caregiver Orang Dengan
Skizofrenia (ODS).” Psikologika : Jurnal Pemikiran Dan Penelitian Psikologi 17, no. 2
(2012): 77–85. https://doi.org/10.20885/psikologika.vol17.iss2.art9.
American Psychiatric Association, DSM-5 Task Force. “Diagnostic and Statistical Manual of
Mental Disorders.” American Psychiatric Publishing, Inc. 21, no. 21 (2013): xiii.
https://doi.org/10.1176/appi.books.9780890425596.
Arif Munandar. Ilmu Keperawatan Jiwa. Media Sains Indonesia, 2022.
Bambang
Widodo.
Upaya
Memenuhi
Hak
Penyandang
Disabilitas.
Https://ham.go.id/2020/03/06/upaya-memenuhi-hak-penyandang-disabilitas/.
Depkes, RI. Pedoman Penggolongan Dan Diagnosa Gangguan Jiwa Di Indonesia III (PPDGJ III).
Depkes RI, 2013.
Desy
Susilawati.
Indonesia
Miliki
12
Persen
Penyandang
Disabilitas.
Https://www.republika.co.id/berita/nasional/umum/16/12’16/019,47384indonesia-miliki-12-persen penyandang-disabilitas.
Dini Widinarsih. “Penyandang Disabilitas Di Indonesia: Perkembangan Istilah Dan
Definisi.” Jurnal Ilmu Kesejahteraan Sosial 20, no. 2 (2019): 127–42.
https://doi.org/10.7454/jurnalkessos.v20i2.239.
Elizabeth Martin. Schizophrenia. Oxford University Press, 2010.
Fakhrudin ar-Râzî. Mafatîh Al-Ghaib. Juz 16. Dâr Ihya at-Turats al-Arabî, n.d.
H.C. Covey. Social Perceptions of People with Disabilities in History. Charles C Thomas Pub,
1998.
Ibn Âbidîn. Hasyiyah Ibn Âbidîn. Juz 2. Dâr al-Fikr, 2016.
Ibn Amîr al Hajj. At-Taqrir Wa at-Tahbir. Juz 2. Dâr al Kutub al Ilmiyyah, 1983.
Ibn Hajar al-Asqalânî. Fathul Bârî: Syarh Shahih al-Bukhârî. Juz 1. Dâr al Kutub al Ilmiyyah,
2012.
Ibn Hajar al-Haitamî. Tuhfat Al-Muhtâj. Juz 7. Dâr Ihya at-Turats al-Arabi, 1983.
Ibn Hazm Abâ Muhammad Ali bin Ahmad. Al-Muhallâ Bil Âtsâr. Edited by Juz 4. Dâr al-Fikr,
n.d.
Ibn Qudâmah al-Maqdisî. Al-Mugnî,. Juz 2. Dâr A’lam al-Kutub, n.d.
Jalâluddin al-Mahallî. Kanz Ar-Râgibîn. Juz 3. Dâr al-Fikr, 1995.
Jalâluddin as-Suyuthî. Lubâb An-Nuqûl. Dâr al-Kutub al-‘Ilmiyyah, n.d.
Jayusman. “Permasalahan Menarche Dini (Tinjauan Hukum Islam Terhadap Konsep
Mukallaf).” Journal of Physical Therapy and Science 3, no. 1 (2014): 1–124.
http://dx.doi.org/10.21043/yudisia.v5i1.695.
Juke R. Siregar. Teori Penelitian Dan Praktik ADHD Pada Anak. Penerbit Alumni, 2022.
LBM PBNU. Fiqih Penguatan Penyandang Disabilitas. LBM PBNU, 2018.
Mary Robinson. Human Rights and Disabled Person Dalam Rachel Hurst, Are Disabled People
Included? Disability Awareness in Action. Freeways Print, 1998.
Ma’shum Zein. Menguasai Ilmu Ushul Fiqh: Apa Dan Bagaimana Hukum Islam Disarikan Dâri
Sumber-Sumbernya. Pustaka Pesantren, 2016.

329

Fuad Masykur, Ahmad Bahrul Hikam, Muhammad Amin

Taklif and the Fulfillment of the Rights of Persons…

Maslim, Rusdi. Buku Saku Diagnosis Gangguan Jiwa. Penerbit Bagian Ilmu Kedokteran Jiwa
FK-Unika Atmajaya, 2013.
Mira Yunita, Ayu, Ervi Nurafliyan Susanti, and Robby Rizky. “Implementasi Metode Weight
Product Dalam Penentuan Klasifikasi Kelas Tunagrahita.” JSiI (Jurnal Sistem
Informasi) 7, no. 2 (2020): 78–82. https://doi.org/10.30656/jsii.v7i2.2408.
M.N. Harisudin. Ilmu Ushul Fiqh. Instrans Publishing, 2020.
Muhammad as-Syarbîni al-Khatîb. Al-Iqnâ’ Fi Hall Alfâdz Abî Syujâ’. Dâr Ihya al-Kutub al‘Arabiyah, n.d.
Muhammad bin ‘Alî asy Syawkanî. Irsyâd al Fuhûl Ila Tahqîq al Haq Min ‘Ilm al Ushûl,. Cet. 1.
Dâr al Kitab al ‘Arabi, 1999.
Muhammad bin Ismâîl al-Bukhârî. Shahîh Bukhârî. Juz 7. Dâr Tuq an-Najat, 1422.
Muhyidin Yahyâ bin Syaraf an-Nawâwî. Al-Minhâj Syarh Shahîh Muslim Bin al-Hajjâj. Juz 5.
Dâr Ihya at-Turats al-Arabi, 2013.
Muladi. Hak Asasi Manusia: Hakekat, Konsep Dan Implikasinya Dalam Perspektif Hukum Dan
Masyarakat. PT. Refika Aditama, 2009.
Purba Bagus Sunarya dkk. “Kajian Penanganan Terhadap Anak Berkebutuhan Khusus.”
ABADIMAS
ADI
BUANA
02,
no.
1
(2018):
11–19.
https://doi.org/DOI:10.36456/abadimas.v2.i1.a1617.
Puspaningtyas Panglipurjati. “Sebuah Telaah Atas Regulasi Dan Penetapan Pengampuan
Bagi Penyandang Disabilitas Di Indonesia Dalam Paradigma Supported Decision
Making.” Jurnal Paradigma Hukum Pembangunan 6, no. 2 (2021): 79–109.
https://doi.org/DOI:10.25170/paradigma.v6i02.2586.
Rafael Lisinus. Pembinaan Anak Berkebutuhan Khusus (Sebuah Perspektif Bimbingan Dan
Konseling). Yayasan Kita Menulis, 2020.
Retnosari, Ira Eko, and Rahayu Pujiastuti. “Maksim Kuantitas Dan Maksim Kualitas Dalam
Tuturan Bahasa Indonesia Pada Anak Disabilitas Intelektual.” Ranah: Jurnal Kajian
Bahasa 10, no. 2 (2021): 270. https://doi.org/10.26499/rnh.v10i2.4053.
Santoso, Meilanny Budiarti, Budhi Wubhawa, Ishartono Ishartono, and Franzeska Venty.
“Pekerjaan Sosial: Bekerja Bersama Orang Dengan Gangguan Bipolar.” Prosiding
Penelitian Dan Pengabdian Kepada Masyarakat 5, no. 1 (2018): 14.
https://doi.org/10.24198/jppm.v5i1.16019.
Sayyid Sabiq. Fiqih Sunnah. Juz 3. Dâr al-Kitab al-Arabi, 1977.
Setiawan, Endra Agus, Siti Hamidah, and Istislam Istislam. “Konsep Dan Kriteria Kecakapan
Bertindak Bagi Penyandang Disabulitas Autisme Menurut Persefektif Hukum
Perdata
Indonesia.”
Jurnal
Selat
5,
no.
2
(2018):
161–76.
https://doi.org/10.31629/selat.v5i2.554.
Soedharyo Soimin. Hukum Orang Dan Keluarga. Sinar Grafika, 2010.
Sulistyowati, Endang Caturini, and Insiyah. “Peningkatan Kualitas Hidup Orang Dengan
Gangguan Jiwa Melalui Self Help Group.” Jurnal Terpadu Ilmu Kesehatan 9, no. 2
(2020): 117–268. https://doi.org/10.37341/interest.v9i2.264.
Sulthon. Pendidikan Anak Berkebutuhan Khusus. PT. Raja Grafindo Persada, 2021.
Titik Triwulan Tutik. Hukum Perdata Dalam Sistem Hukum Nasional. Kencana, 2010.

330

Vaishnav Krishnan, Eric J Nestler. “Animal Models of Depresi: Molecular Perspectives.”
Molecular and Functional Models in NeuropsychiatrY 7, no. 1 (2011): 121–47.
https://doi.org/DOI: 10.1007/7854_2010_108.
Wahbah az-Zuhylî. Al-Fiqhul Islâmi Wa Adillatuh. Juz 1. Dâr al-FikrDâr al-Fikr, n.d.
Westwood P. Learning Disorders: A Response-to-Intervention Perspective. Taylor & Francis, 2017.
Willy F. Maramis. Ilmu Kedokteran Jiwa. Airlangga University Press, 2009.
Yayuk Afiyanah. “Hukum Perkawinan Bagi Penyandang Disabilitas Mental Menurut
Undang-Undang No. 1 Tahun 1974 Dan Undang-Undang No. 8 Tahun 2016.” Jurnal
Syntax
Admiration
1,
no.
7
(2020):
991–1003.
https://doi.org/DOI:10.46799/jsa.v1i7.132.

331

Fuad Masykur, Ahmad Bahrul Hikam, Muhammad Amin