The Age of Criminal Responsibility in Children: some of Islamic Views

Publish Year: 1394
نوع سند: مقاله ژورنالی
زبان: English
View: 293

This Paper With 11 Page And PDF Format Ready To Download

  • Certificate
  • من نویسنده این مقاله هستم

استخراج به نرم افزارهای پژوهشی:

لینک ثابت به این Paper:

شناسه ملی سند علمی:

JR_INJPM-3-4_010

تاریخ نمایه سازی: 20 مهر 1398

Abstract:

The age of criminal responsibility of children in the Islamic Penalties Act has been determined as religious Bulugh (puberty) Nasab. According to this, criminal authorities hold girls criminally liable and punishable at 9 complete lunar years and boys at 15 complete lunar years. Unfortunately, our legislator has set criminal responsibility of children based on sexual maturity; therefore, thousands of newly born infants who are unable to think have been liable to punishment, while in the realization of criminal responsibility there is a need for intellectual maturity (growth) in addition to sexual maturity; that is, in the realization of criminal responsibility of children, there are two necessary conditions: attainment of puberty boundary and achieving growth and attainting intellectual maturity ; otherwise, the child has no criminal responsibility and we cannot hold him liable for his action and punish him. In this research, an attempt is made to address the problems of the Act by drawing on the Islamic sources.

Authors

Mohammad Rasool Ahangaran

Associate Professor, University of Tehran, Campus Farabi, Tehran, Iran.

Zahra Abbasi

MA,Jurisprudence and Islamic law, Tehran University, Tehran.