Interdiction
Its Definition
Interdiction refers to preventing a person from transactions with his wealth because he is a minor, insane, foolish, or bankrupt.
Its Ruling
Interdiction is legitimate according to the statement of Allah (SWT):
(And give not unto the foolish your property which Allah has made a means of support for you, but feed and clothe them therewith.) (4:5)
It is also proven by the action of the Messenger (SAW), when He (SAW) interdicted the property of Mu‘adh and sold it in return for a debt that he was indebted for, until Mu‘adh had nothing left (of debt).
(Ad-Daraqutni and Al-Hakim, who graded it Sahih.)
Laws concerning those who have been interdicted
1) The Minor: It is child, who has not reached the age of puberty. The law concerning him is that his financial transaction is not permissible unless approved by his parents or his guardian if he is an orphan. Interdiction continues in his case until he reaches the age of puberty, as long as he does not appear to be foolish even after puberty. If he appears to be foolish after puberty, the state of interdiction will continue until his competence becomes obvious. If he is orphan with guardian over him, the state of interdiction will remain effective until he proves to be of sound judgement after reaching the age of puberty.
Allah (SWT):
(And try orphans (as regards their intelligence) until they reach the age of marriage; if then you find sound judgement in them, release their property to him.) (4:6)
2) The Foolish: The foolish is one who spends his wealth foolishly, spending it on lustful desires or ill transactions due to his lack of awareness of what is beneficial for him. Therefore, interdiction is imposed upon him by a request from his heirs. Thus, he should be prevented from any dealing with his wealth, such as giving a gift, selling, and buying until he proves his sound judgement. Once interdiction is imposed on him, his dealings are nullified, and such transactions should not implement. If he made any transaction before interdiction, it is valid and executed.
3) Insane person: The insane person is a person whose mind is disrupted, and its grasping power is unsound. Therefore, interdiction should be imposed upon him, and his transactions should not be implemented until he is cured completely, and his complete intellect returns to him. This is due to the Messenger of Allah’s statement:
“The Pen has been lifted from (the recording of sins against) three persons: An insane person whose intellect is impaired until he is cured; a sleeping person until he wakes up; and a child until he reaches to the age of puberty.” (Ahmad and Abu Dawud, and it is Sahih)
4) The Sick Person: The sick person is one who contracts an illness that normally causes death. In his case, his heirs have the right to seek his interdiction. So he is prevented from spending on anything other than basic necessities, like food, drink, clothing, housing and medicine until he is either cured or until he dies.
Textual Format to Record an Interdiction upon a Foolish Spendthrift
In the Name of Allah. All praise is Allah’s.
“This is to certify that so-and-so court judge has interdicted so-and-so through a valid, legal interdiction. He has barred him from any dealing with property possessed by him at present as well as future. His property dealing has been prevented because of the clear evidence that the above-mentioned has become foolish. He destroys his wealth, wasting it, and is extravagant in spending, selling and purchase of properties. Therefore, he deserves that interdiction be imposed upon him and that he be prevented from dealing with his property until his condition is corrected, his soundness in reason is confirmed, and he appears capable of dealing with his wealth. Therefore, it is of benefit at this point to impose interdiction upon him and nullify his dealings.
Thus, the judge has ruled that interdiction is to be imposed on the above-mentioned and he is to be prevented from any transaction. Moreover, the judge has declared him to be legally foolish and banned him from any dealings. The judge has also ruled that his action in every transaction is legally invalid.
He has been allowed to spend from his wealth on whatever is essentially required for daily life and on those whom he is obliged to care for, such as his wife and small children, who are so-and-so and so-and-so. This expense is for their daily essential requirements from such and such date. The judge has obligated that they be allowed this expenditure from his wealth, as a legal obligation. This is after it was confirmed with him, by legal evidence, that he has received enough for himself and those who are with him. It has also been legally confirmed that he does not possess anything more than what suffices him. This valid and legal documentation has been concluded on such and such date.”