Fatwa No : 84358
Is a Mute Woman Obligated to Follow the Rulings of Shariah?

Is a Mute Woman Obligated to Follow the Rulings of Shariah?

What do the honorable Muftis say regarding the following issue:
There is a girl who is mute. After having marital relations (intercourse), she does not perform ghusl (ritual purification bath), even a week passes by. She also does not care for her husband, and she doesn’t even perform wudhu (ablution). When we try to explain to her, she doesn’t accept. We have tried everything. When we informed her family, they say, “These are just things molvis (religious scholars) say.” We want to know: Is a mute girl accountable in Shari‘ah for ghusl and salah (prayer)? What is the ruling regarding her not doing ghusl? And what about her family saying that ghusl is not necessary and dismissing Islamic guidance as “molvis’ talk”? What should the husband do in such a case? Asked by: Nizam Mustafa, Resident of Karachi

الجوابُ حامِدا ًو مُصلیِّا ً

In the mentioned case, the mute girl is also accountable in Shari‘ah for matters of purification (taharah), prayer (salah), and other religious duties. It is the husband’s responsibility to either personally educate his wife or have her taught by a woman who is knowledgeable about the rulings of purification and prayer, so that the mute girl can understand and act upon these religious obligations. As for the statement of the girl's family — that she is not accountable for Islamic rulings and that "these are just the sayings of the molvis (religious scholars)" — this reflects a clear distance from the religion and is an extremely inappropriate attitude. Such behavior must be strictly avoided.

مأخَذُ الفَتوی

وفي الدر المختار: (ولا يلزم العاجز عن النطق) كأخرس وأمي (تحريك لسانه) وكذا في حق القراءة هو الصحيح لتعذر الواجب، فلا يلزم غيره إلا بدليل فتكفي النية، لكن ينبغي أن يشترط فيها القيام وعدم تقديمها لقيامها مقام التحريمة ولم أره اھ (1/ 481) واللہ اعلم بالصواب