FatwaFederal TerritoriesTransactions & Finance
AL-KAFI #1557: GANTI RUGI BARANG YANG DIROSAKKAN OLEH KANAK-KANAK BELUM MUMAYYIZ
Who must pay compensation for property deliberately damaged by a child who has not yet reached the age of discernment (mumayyiz)?
Short answer
A child who is not yet mumayyiz is not punished for his acts, whether intentional or not, except with disciplinary measures meant to teach him.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Federal Territories Mufti Office
- Date
- Status
- Opinion (irsyad)
- Series
- Al-Kafi li al-Fatawi
- Topic
- Transactions & Finance
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
A child who is not yet mumayyiz is not punished for his acts, whether intentional or not, except with disciplinary measures meant to teach him. Compensation for damaged property is still required because it involves the rights of others, and it is paid from the child's own wealth if he has any. If he has none, his parents or guardian should settle it on his behalf out of their responsibility to look after him, although a guardian is not strictly obliged to guarantee it according to a cited statement.
Written in our own words from the original fatwa — check the source before acting on it.
Manakala, ganti rugi barang yang dirosakkan oleh kanak-kanak yang belum mumayyiz itu adalah dilunaskan daripada hartanya sendiri, jika dia memiliki harta.
Read the full fatwa on the Federal Territories website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Federal Territories Mufti Office. “AL-KAFI #1557: GANTI RUGI BARANG YANG DIROSAKKAN OLEH KANAK-KANAK BELUM MUMAYYIZ”, 23 January 2020. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/4049-al-kafi-1557-ganti-rugi-barang-yang-dirosakkan-oleh-kanak-kanak-belum-mumayyiz. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/compensation-property-damaged-by-non-mumayyiz-child/