Abstract:

Considering the clinical symptoms, autism mostly reveals problems related to limitations and inadequacies in the social-communicative field. In this respect, individuals with autism are more involved in the fields of psychology, medicine and educational sciences. However, a significant portion of such patients have intellectual disability; Their definition as legal persons makes individuals with autism the subject of law in terms of their legal powers, responsibilities and limitations. In this study, the situation of individuals with autism being subject to sharia provisions within the framework of Islamic law will be examined. In this context, their legal capacity in the field of worship, civil law and criminal law will be explained and some general fiqh provisions will be included. From a general perspective; the fiqh situation of individuals with autism, whose findings are accompanied by mental retardation, can be evaluated together with the issue of capacity failures (عوارض الأهلية), which is discussed in the classical fiqh literature. The relevant provisions explained in the literature within the framework of two concepts, especially permanent mental illness (الجنون) and partial dementia (العته), shed light on the fiqh status of such individuals.

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