Neuro-Ahliyyah: Rekonstruksi Kecakapan Hukum dalam Bingkai Neuro-Sains dan Maqasidi

Abstract

The concept of legal capacity (ahliyyah) for persons with mental disabilities in Islamic jurisprudence has tended to be understood rigidly through physical-outward parameters, which in modern legal practice risks reducing their civil rights and dignity. In the context of philosophical reconstruction, ahliyyah is a manifestation of the protection of the intellect (hifz al-aql) that should be based on objective cognitive capacity. This research aims to analyze the ontological basis of legal capacity requirements through a neuroscience approach and reformulate the criteria for ahliyyah al-ada in digital transactions and criminal liability by integrating Neuroscience and maqasid al-shariah approaches. The method used is normative legal research with an Islamic legal philosophy approach, supported by qualitative analysis of classical fiqh literature on al-hajr, disability regulations, and medical findings on human brain function. The results show, first, that philosophically the concept of legal capacity must transform from a binary system (capable/incapable) to a "Spectrum Capacity" that recognizes the neurological diversity of legal subjects. Second, this research offers the concept of "Neuro-Maqasid" which legitimizes the use of brain activity data as a more precise, inclusive, and humane legal protection instrument. These findings expand the horizons of Islamic law towards substantive justice that is evidence-based and responsive to the protection of the dignity of vulnerable groups in the modern medical era.