The Nature of Bulūgh al-Ashudd in Islamic Jurisprudence Based on the Theory of Interdependent Pillars of Legal Capacity

Document Type : Original Article

Authors

1 دکتری فقه و مبانی حقوق اسلامی دانشگاه فردوسی مشهد

2 Postdoctoral researcher in Quran and Hadith sciences, Ferdowsi University of Mashhad (researcher at the Astan Quds Razavi Research Foundation), contact number: 09142353876, reza.mollazadehyamchi@alumni.um.ac.ir

3 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Payam Noor University, Tehran, Iran

Abstract
Elucidating the nature of Bulūgh al-Ashudd (reaching full maturity) for the termination of guardianship over an orphan is a foundational challenge in Islamic jurisprudence, stemming from the conflict between the principles of "objective standardization" and "individualized assessment of welfare." This study, using a descriptive-analytical method and a comparative jurisprudential approach, argues that Bulūgh al-Ashudd is not a simple age-based criterion but a composite legal concept based on the theory of "the interdependence of two pillars: physical maturity and financial competence." Findings indicate that the Holy Qur'an (An-Nisa: 6) outlines the framework for terminating guardianship through a three-stage process: testing (ibtila'), reaching the age of marriage (bulūgh al-nikah), and confirming competence (inas al-rushd). The Sunnah, in turn, operationalizes this model by defining the signs of maturity and specifying rushd as "competence in preserving assets" (ḥifẓ al-māl). A comparative analysis of legal opinions across Islamic schools of thought reveals that while some have emphasized a specific age for the sake of "legal stability," the preferred view (qawl al-mukhtar)—perfected especially in Imami jurisprudence based on hadith—mandates the definitive union of both pillars (maturity and competence) for the termination of guardianship. This theory presents a balanced, person-centered model that, by striking a balance between the orphan's right to independence and the principle of their protection, fully aligns with the higher objectives of Sharia.

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Articles in Press, Accepted Manuscript
Available Online from 27 September 2026