THE PRINCIPLE OF THE BLIND IS LIKE THE SIGHTED AND ITS EXCEPTIONS: A FOCUS ON SALE AND PURCHASE

Abstract

It is in tandem with the divine wisdom that Allah-the Most High- restricts the religious responsibilities to the confine of human capacity and ability. Thus, He does not command man to do what is beyond his capacity neither does He demand from him that he cannot do. Yet, there are some circumstances, conditions, and situations that could render him incapacitated permanently or temporarily. The researcher seeks to study this area under the title: “The Principle of “the blind is like the sighted”: A Focus on Sale and Purchase. The research problem is about the need to highlight some exceptions regarding the principle. The research objective is to make it clear that the proof establishing the generic application of the principle is speculative. It is also to clarify that by default, the rules concerning the blind is an exception from the general principle. This is why there are exceptions for the blind in some legal rules based on the consideration of the Law-Giver of his condition.  For the purpose of this research, four major research methods have been employed. These are inductive, analytical, comparative, and descriptive methods. Major findings of the research include: blindness or visual impairment limits the man ability to use his sight actively as a result of which his performance and growth are affected. Also, the principle and all of its formulae indicate that the blind is like the sighted in all legal rules and dispositions; both of them have the same obligations and rights equally. The significance of the principle reflects in its contemporary applications as regards the equality of the blind and the sighted in terms of the right to education, medical care, social care, and job opportunities. They both equally have the rights to participate in the political life such as voting and contesting elective positions. Yet, the exception in the principle concerns some legal rules from which the blind are exempted due to legal excuses and the necessity to alleviate their hardship in religious matters that require visibility.