❖ Question:
Are individuals who are unconscious or mentally unstable subject to the rulings of Islamic law?
If someone loses memory or falls unconscious, do Shari'ah obligations still apply to them?
❖ Answer:
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
Allah ﷻ has obligated acts of worship upon a person only when he is legally accountable (mukallaf). A person becomes mukallaf when they possess intellect and sound understanding. The rulings vary depending on the individual's state, as explained below:
❖ 1. Individuals Not Accountable in Shari'ah
Those without intellect:Anyone lacking sound intellect is not held accountable for Shari’ah obligations.
Minor children:Children who cannot differentiate between good and evil are not accountable until they reach the age of puberty.
Mentally impaired or senile individuals:Those suffering from mental deficiency, dementia, or severe memory loss, such as elderly individuals with Alzheimer's, are also not obliged to pray or fast, as they are comparable to a child who lacks discernment.
❖ 2. Rulings on Physical Acts of Worship (Salah, Sawm, etc.)
❀ Obligations such as Salah (prayer), Sawm (fasting), and Taharah (purification) are not obligatory upon individuals who have lost their mental faculties.
Temporary Unconsciousness or Memory Loss
If someone becomes unconscious temporarily, e.g., for one or two days due to illness or injury,→ Then, according to most scholars, Salah is not obligatory during that period, nor is Qada (making up the missed prayers) required after regaining consciousness.
Reason:
The unconscious individual does not retain awareness during that time.
✘ He is not like a sleeping person, who can be awakened and is capable of responding.
Evidence:
The Prophet ﷺ said:
"Whoever forgets a prayer or sleeps through it, its expiation is that he prays it when he remembers it."
(Sahih al-Bukhari, Hadith: 597; Sahih Muslim, Hadith: 684)
A sleeping person can be awakened, hence remains legally responsible.✘ Whereas an unconscious person cannot be awakened, and thus is not considered accountable during that state.
If the Unconsciousness Was Induced Intentionally
If someone becomes unconscious due to intentional causes, such as consuming intoxicants (e.g., drugs like cannabis or opium),→ Then they are held accountable, and Qada of missed Salah becomes obligatory.
❖ 3. Ruling on Zakat and Financial Obligations
While acts of worship such as prayer and fasting depend on intellect and consciousness, financial obligations like Zakat are based on wealth, not the person.
Therefore, Zakat remains obligatory on the wealth of the person, even if they lose their memory or mental capacity.Evidence from the Qur’an:
﴿خُذْ مِنْ أَمْوَالِهِمْ صَدَقَةً تُطَهِّرُهُمْ وَتُزَكِّيهِمْ﴾
(Surah At-Tawbah: 103)
“Take from their wealth a charity by which you purify them and cause them increase…”
The verse says:
﴿مِنْ أَمْوَالِهِمْ﴾ – “from their wealth”,
not “from them” directly, indicating that Zakat is tied to the wealth, not the cognitive status of the person.
Hadith Evidence:
When the Prophet ﷺ sent Mu’adh ibn Jabal رضي الله عنه to Yemen, he instructed:
"Inform them that Allah has obligated upon them a charity (Zakat) to be taken from their rich and given to their poor."
(Sahih al-Bukhari, Hadith: 1395; Sahih Muslim, Hadith: 19)
Summary of Rulings:
Physical Worship (Prayer, Fasting, Purification):① Completely Insane or Chronically Senile:
→ Not obligated to perform Salah or fast.
→ No Qada is required.
② Temporarily Unconscious (e.g., due to illness):
→ No obligation during unconsciousness.
→ No Qada unless the unconsciousness was intentional.
③ Intentionally Induced Unconsciousness (e.g., through intoxicants):
→ Qada is obligatory for missed Salah.
Financial Obligations (Zakat):→ Still obligatory regardless of the person's mental state.
→ Zakat must be paid from their wealth by their guardian or legal representative.
ھٰذَا مَا عِندِی وَاللّٰهُ أَعْلَمُ بِالصَّوَاب
This is what I hold to be correct. And Allah knows best what is right.
