The Effect of Insanity on Inshāʼ Intention of the Periodically Insane at Suspicious Times(A Comparative Study on Shīʿī and Sunnī Jurisprudence)

Undoubtedly, all jurists of the Islamic sects consider legal actions and property ownership of periodic insane to be ineffective in the state of insanity and correct in the state of mental health. Sometimes he engaged in a legal action and is not clear whether he did it when he was healthy or when he was insane. The jurists of different sects, as well as the legal experts, disagree in determining the ruling of this jurisprudential branch. Given that there is no explicit reference to this jurisprudential branch, some Uṣūlīs who consider it permissible to rely on the ʻāmm in shubhat al-miṣdāqīyyah, have adhered to ʻumūm and iṭlāq (generality and absoluteness)of the two verses, namely (ʻufū bi al-ʻuqūd) and (aḥalla allāh al-bayʾ) and considered the contract valid. Since, according to well-known Uṣūlīs, reliance on the ʻāmm(general) reason is not permissible in the shubahāt al-miṣdāqīyyah, some of them have invalidated the transaction by relying on the maxims of istiṣḥāb (presumption of continuity) and birāʾat (exemption), and some others validated the transaction by relying on the maximof ṣiḥat (soundness). After expressing the opinions and criticizing the evidence of each of them, the writers of this article, considering the certainty of the evidence of the jurists that have validated this transaction, believe in the validity of such a transaction.