The Legal Validity of Marriage for Persons with Mental Disabilities under Ahliyatul Ada' Theory

Abstract

This study examines the legal validity of marriage for persons with mental disabilities from the perspective of Ahliyatul Ada' theory, a concept in Islamic legal theory concerning a person's capacity to perform legally recognized acts based on reasoning ability, maturity, and awareness of one's actions and their consequences. The research analyzes the legal capacity of persons with mental disabilities to perform legal acts, particularly marriage, from the perspective of Islamic law. This normative legal research uses conceptual and statutory approaches, drawing on fiqh and usul fiqh literature together with relevant legislation. The findings show that persons with mental disabilities do not automatically lose legal capacity solely because of their disability. The level of Ahliyatul Ada' a person holds is determined by reasoning ability, awareness, the capacity to understand the meaning and consequences of an act, and the capacity to give conscious consent. Persons with mental disabilities who can understand the purpose and consequences of marriage and give conscious consent are, in principle, considered to possess the legal capacity to marry. Where capacity is imperfect, the marriage should still involve a guardian (wali) in accordance with Islamic law. Where a mental disorder eliminates a person's ability to understand an act and its legal consequences, legal capacity may be obstructed altogether. Accordingly, the validity of marriage for persons with mental disabilities must be assessed individually according to their level of capacity and mental condition, while giving due regard to the welfare (maslahah) of both parties and the principle of non-discrimination.