The comparison of ability in Islamic and Modern Law

Ability concept is a juristical term. We find various descriptions wheninvestigate sources. In general meaning, ability means that practicableness todeal religious juristical provisions. In dictionary ability means such as`authorization, practicableness, qualification, adequacy?. It means that beappropriate for any work, have a sufficiency, be adequate and to deserve. Thehuman are a social creature and relationships between people are in acontinuously state from all directions. Validity of the process during the relationdepends on whether sufficient and ability of both sides.In islamic law `the ability is a feature which is align a person withapproved by legislator and be suitable for meet a juristical discourse?. In otherwords it is a feature which is align a person with approved by religiouslegislator and be suitable for meet religious and juristical discourses.But in genarally ability issue is discuss in term of law. By reason of issueabout human when examined in terms of Islamic Law, the acts of worship is anobject for study. Because people are sustain in a relationship with Allah and onthe other hand other people. People can not be positive during this relationshipand can be appear some problems for this. By reason of these problems it can benecessary to give penalties by one of the parties. By the reason of this erroragains whether punish depends on the person?s ability.viiWe tried to summarize briefly the concept of ability which is the subjectof our thesis. As mentioned in the summary the person is required to have someabilities beside person's individual existence. Of course however, sometimes hispresence, even in life or just even in the womb is enough. The ability examinesthat the human rights and the ability to have these rights from fetal period,during youth, middle and old age.Key Words: Islam, Law, Modern.