🤐 Understanding ABKAM (ابكم‎): The Islamic Perspective on Muteness

Explore the meaning, legal considerations, and cultural nuances surrounding Abkam (ابكم‎), the term for muteness in Islamic jurisprudence. Understand its impact on the validation of actions and contracts within Islamic law.

👂🎓 Understanding ABKAM (ابكم‎): The Islamic Perspective on Muteness

Definition

Abkam (ابكم‎), in Arabic, refers to a person who is mute, specifically one who has been born without the ability to speak. The plural form is Bukm. In Islamic law, such an individual can perform legal acts using intelligible signs, such as bequests, marriage, divorce, sales, and acknowledgements of faith; however, the ability to engage in qiṣāṣ (retaliation for murder) is limited.

Etymology & Background

Etymology: The word Abkam comes from the root “ب ك م” (b-k-m), meaning “to be mute” or “unable to speak.” The gendered form is “abkam” (male) and “bakma” (female), with the plural being “bukm.”

Background: Islamic jurisprudence, or Fiqh, addresses various conditions and abilities of individuals within the framework of Sharia (Islamic law). Abkam denotes those born mute and considers their specific roles and rights in legal, social, and religious contexts.

Cultural Differences and Similarities

Across various cultures, individuals who are mute often navigate unique social and legal frameworks. In many societies, including Islamic ones, sign language and other forms of non-verbal communication become vital for interaction.

Similarities:

  • In both Islamic and secular legal systems, non-verbal communication (such as sign language) is recognized as a valid form of expression for legal and contractual obligations.

Differences:

  • The limitations on certain legal actions, such as qiṣāṣ (retaliation for murder), are specific to Islamic law.
  • The emphasis on faith-related acknowledgements through signs is notably particular to religious contexts.

Synonyms and Antonyms

Synonyms:

  • Mute
  • Speechless
  • Silent

Antonyms:

  • Articulate
  • Vocal
  • Expressive
  • Qiṣāṣ: Retaliation for murder; a principle of equivalence in Islamic criminal law.
  • Sharia: Islamic law derived from the Qur’an and Hadith.
  • Bequests: The act of giving or distributing one’s wealth through a will.
  • Marriage Contracts: Legal agreements in Islamic law pertaining to marriage.

Exciting Facts

  • Sign Language in Islam: Many Islamic communities incorporate sign language adapted to their linguistic contexts to ensure inclusive religious practice.
  • Universal Representation: Intelligible signs such as nodding, pointing, or body language are universally understood, showcasing human cultural unity.

Quotations from Notable Writers

  • “In the diversity of tongues and abilities, Islam seeks the unity of the soul’s intentions.” - Yusuf Al-Qaradawi

Suggested Literature and Other Sources

  • “Hidāyah,” translated and explained vol. iv, p. 568.
  • “Fiqh-us-Sunnah” by Ahmad al-Khuduri
  • “The Islamic Law of Personal Status” by Jamal J. Nasir

### What does the term Abkam (ابكم‎) mean? - [x] Mute - [ ] Deaf - [ ] Blind - [ ] Handicapped > **Explanation:** Abkam (ابكم‎) specifically refers to a mute person, one who cannot speak, according to Islamic jurisprudence. ### True or False: A born mute person can enter into contracts using signs in Islamic law. - [x] True - [ ] False > **Explanation:** Intelligible signs by a mute person are acceptable for legal transactions and contracts in Islamic law. ### What legal action is a mute person not allowed to engage in? - [ ] Marriage contracts - [ ] Sales and purchases - [x] Qiṣāṣ (retaliation for murder) - [ ] Distribution of bequests > **Explanation:** A mute person is allowed to engage in most legal transactions except for participating in qiṣāṣ (retaliation for murder).

As we delve into the nuanced aspects of Islamic jurisprudence, it becomes evident that the faith fundamentally respects human diversity, emphasizing clarity and inclusivity in communication.

Stay inspired, Ibrahim Al-Yousuf

Sunday, June 16, 2024

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