The mute person (abkam) in fiqh

Abkam (the mute person) is one with the condition of dumbness (bakam), which is the absence of speech. It is said that the akhras is one born unable to speak and the abkam one who has speech but cannot give an answer; in their usage the jurists do not distinguish between them. ¹

Because the mute person lacks the power to express himself with the tongue, he is held to intention, and to moving the tongue or murmuring, in acts of worship such as prayer, recitation of the Qur'an and the talbiya. The Malikis accept intention alone. The Encyclopedia treats this further under prayer and pilgrimage. ^{1 2}

In other matters he must express himself in writing, if he writes well, and should not depart from writing. If he cannot write, an intelligible sign is accepted from him in sales, transactions, testimony and other matters; the Encyclopedia treats this under sales, marriage, transactions and testimony. In hudud punishments his confession against himself and his testimony against others are not accepted, on the jurists' differing detail, because a doubt averts such punishments; the detail is in the chapter on hudud. ²

Injury by or to the tongue of a mute person is treated under injuries short of killing. The question whether dumbness is a defect in a slave, in marriage, or in judgeship and leadership of prayer is treated in those places. ²