Journal of Studies in Islamic Law & Jurisprudence

Journal of Studies in Islamic Law & Jurisprudence

Investigating the Effect of Alzheimer's Disease on Consent ContractsIn Islamic Jurisprudence and Law

Document Type : Original Article

Authors
1 Assistant Professor, Department of Private Law, Faculty of Law and Political Science, University of Mazandaran , Babolsar, Iran
2 Assistant Professor of Faculty of Law and Political Sciences, University of Mazandaran, Babolsar, Iran.
3 PhD student in private law, Faculty of Law and Political Science, aculty of Law and Political Sciences, University of Mazandaran,, Babolsar, Iran
10.22075/feqh.2025.35318.4024
Abstract
Alzheimer's disease is one of the most common diseases of the last century, which causes a disturbance in the functioning of human memory and therefore affects various aspects of human life, but from a legal point of view, one of the debatable cases is the effect of this disease on consent contracts. And it raises the question, what will be the legal status of consent contracts of a person with Alzheimer's disease? If a person suffers from this disease, will his consent contracts be dissolved? The importance of the issue is that the continuation of the will is considered a condition in consent contracts, and its termination causes the dissolution of said contracts. In this research, by examining Sunni jurisprudence sources and legal writings, it is determined that the legal status of consent contracts of a person with Alzheimer's disease can be different depending on the stages of the disease; In the initial stages, when a person's memory is not fundamentally impaired, his consent contracts are valid, but with the progress of the disease, such a person may be considered stupid or insane, and his consent contracts will be invalid or canceled, respectively.
Keywords