Is a Person Who Lost Mental Capacity Before Puberty Considered Muslim if His Caregiver Later Accepted Islam?
Question
A young boy began to lose his mental faculties at around three years old and eventually became completely non-verbal and incapacitated. He remained in this state throughout his life.
His sister was his main caregiver, and years later, she embraced Islam and continued to care for him with kindness and dedication until his death.
After his passing, his non-Muslim parents wanted to conduct a Christian funeral, while his Muslim sister who had been his caregiver wished for him to be buried as a Muslim, since he had never been conscious or accountable to choose a religion.
What is the Islamic ruling in this case?
Answer
Alhamdulillah, wassalatu wassalamu ala rasulillah, wa ala alihi wa sahbihi ajma‘in.
This situation requires careful distinction between religious accountability (taklif), the age and time of mental incapacity, and the guardianship and environment under which the person lived.
1. The Principle of Accountability in Shari‘ah
The Prophet ﷺ said:
“The pen has been lifted from three: from the child until he reaches puberty, from the sleeping person until he wakes, and from the insane until he regains his mind.”
(Abu Dawud, Tirmidhi)
This hadith establishes that whoever loses mental capacity and never regains it is not held accountable before Allah. He is neither rewarded nor punished for actions beyond his understanding.
If this incapacity began before puberty and continued for life, the person is not legally responsible for faith or disbelief.
2. The Ruling of Faith and Burial
The fuqahā distinguished between two cases:
a) Incapacity Before Puberty
If insanity or total mental loss occurs before puberty, the person is treated as a child who never reached maturity.
He is free of sin and beyond accountability, regardless of how long he lives.
b) Incapacity After Puberty
If the loss of reason happens after puberty, the person remains on the faith he had before the incapacity, unless there is evidence of conscious change.
3. The Question of Burial and Affiliation
If the person never reached religious maturity and was never able to comprehend religion, then he is not judged by belief or disbelief.
The jurists differed on the burial of such individuals:
- Hanafis and Hanbalis:
The child or permanently incapacitated person follows the religion of his parents, as guardianship (wilāyah) in worldly matters remains with them.
Ibn Qudāmah said in al-Mughnī: “If a child dies before maturity, he follows the religion of his parents, for he is under their guardianship in worldly rulings.” - Malikis and Shafi‘is:
If the incapacitated person lives under Muslim guardianship and in an Islamic environment, then he is to be treated as Muslim for burial.
Al-Nawawi wrote in al-Majmuʿ: “If a child of non-Muslims is captured or raised among Muslims, he is treated as one of them in burial and rulings of this world.”
4. Application to This Case
In this case, the man lost his reason before puberty, so he was never accountable for faith or disbelief.
However, his sister only embraced Islam later, after his mental incapacity and after he had long been under non-Muslim guardianship.
Therefore, in the technical legal sense, he would remain under the worldly guardianship (wilāyah) of his non-Muslim parents, since they were his custodians at the time of incapacity.
For this reason, his burial in Islamic form cannot be insisted upon, because Shari‘ah rulings follow guardianship in this context.
Yet in the Divine sense (hukm ukhrawi), his matter is entirely with Allah.
He never had the ability to choose disbelief, so he is not among the disbelievers, nor among those punished.
Rather, he is under the mercy of Allah, similar to the category described by the Prophet ﷺ regarding Ahl al-Fatrah — those who never received clear guidance or understanding.
5. A Balanced Path
The sister who cared for him with sincerity and compassion may make du‘a for him, asking Allah to have mercy upon him, as scholars allowed supplication for those who were never accountable for faith.
If the family chooses a non-Muslim funeral, she should avoid contention, while maintaining her belief that his accountability is lifted and his matter rests with Allah’s mercy and justice.
Final Ruling
If the boy lost his mental capacity before puberty and never regained it, he is not accountable before Allah and will not be punished for disbelief.
Since his Muslim sister embraced Islam after his incapacity, his worldly burial may follow his parents’ religion, but his status with Allah is one of innocence and mercy.
The sister may privately pray for him and entrust his soul to Allah, Who is Most Just and Most Merciful.
And Allah knows best.