Evidence of the concept of hijr (incapacity) according to the Imamiyyah and Sunni school

(A comparative study)

Abstract

Submission date: 25/09/2025

Acceptance date: 25/01/2026

Publication date: 30/03/2026

This research examines the evidence for guardianship according to the Imamiyyah and Sunni schools of thought. This is achieved through a study of Quranic verses found in books of jurisprudence. The research aims to clarify، explain، and compare the evidence for guardianship according to the Imamiyyah and Sunni schools، attempting to answer the following question: What is the evidence for guardianship according to the Imamiyyah and Sunni schools? The research reached several conclusions: the legitimacy of guardianship in Islamic jurisprudence is based on the Quran، the Sunnah، and scholarly consensus (ijma')، although the reasoning differs between the Imamiyyah and the four Sunni schools. The Imamiyyah relied on verses such as "Do not give your wealth to the foolish" and "If you perceive in them sound judgment،" to emphasize the condition of sound judgment for lifting guardianship. The four Sunni schools agreed on these same verses، and the verse on dictation (Ayat al-Imla') expanded the scope of guardianship to include the foolish، the insane، and minors. In Sunni jurisprudence، both groups cited the hadith "The pen is lifted from three،" with the Imamiyyah relying on narrations from the Ahl al-Bayt (the Prophet's family)، and the other Sunni schools on the historical accounts of the Prophet and his companions placing guardians. The Imamiyyah school of thought unanimously agrees on the necessity of guardianship in five cases، stipulating a judge's ruling in some of them، particularly in the case of bankruptcy. The four Sunni schools of thought، however، affirm the obligation of guardianship to protect property، requiring a judge's ruling in specific instances، while taking into account the public interest.