Jurisprudential and legal review of the lack of criminal liability of immature people in the Islamic Penal Code (with emphasis on jurisprudential views of Imam Khomeini and Ayatollah Khamenei)
DOI:
https://doi.org/10.12957/rqi.2025.86335Keywords:
Maturity, jurisprudence, Islamic Penal Code, responsibility, criminal liability, civil liabilityAbstract
Based on what has been mentioned in the statute law, if a crime occurs with the existence of the three elements and the conditions defined in the criminal liability, the perpetrator should be punished. But at the same time, in the Islamic Penal Code, there are cases described as barriers to criminal liability; that is, despite the presence of these conditions, though a crime happens, its perpetrator is not considered as punishable. One of the cases addressed among the barriers to criminal liability is the issue of maturity. What is stated in this article is the jurisprudential and legal review of liability and maturity conditions in the barriers to criminal liability of the Islamic Penal Code (with emphasis on jurisprudential views of Imam Khomeini and Ayatollah Khamenei).
With regard to the title which is among the theoretical and legal-jurisprudential issues, initially, after determining the research sources, the necessary bibliography was compiled and note-taking and data collection were done through library and documentary methods.
Based on what was investigated, it was determined that according to the famous jurisprudents, the age of puberty is 9 in girls and 15 in boys. Although maturity is attained at the age of 9 and 15, the issue of intellectual development and non-stupidity should be realized in addition to the signs of maturity that should appear so that these individuals can be considered as responsible.
Downloads
Downloads
Published
How to Cite
Issue
Section
License
Os Direitos autorais patrimoniais dos artigos publicados pertencem à Revista Quaestio Iuris. A reprodução total dos artigos desta revista em outras publicações, ou para qualquer outra utilidade, é permitida a todos, para que distribuam, remixem, adaptem e criem a partir do trabalho aqui publicado, mesmo para fins comerciais, desde que atribuam o devido crédito pela criação original ao autor e o crédito à Revista Quaestio Iuris pela primeira publicação do trabalho. A Revista Quaestio Iuris obedece aos termos da licença Creative Commons de Atribuição 4.0 Internacional CC-BY (https://creativecommons.org/licenses/by/4.0), em consonância com a legislação autoral brasileira, Lei 9.610/1998.
The patrimonial copyrights of the published articles belong to the Quaestio Iuris Law Review. The total reproduction of the articles of this review in other publications, or for any other use, is allowed to all, to distribute, remix, adapt and create from the work published here, even for commercial purposes, as long as they give due credit for the original creation to the author and credit to Quaestio Iuris Lae Review for the first publication of the work. The Quaestio Iuris Law Review complies with the terms of the Creative Commons Attribution 4.0 International CC-BY license (https://creativecommons.org/licenses/by/4.0), in accordance with brazilian copyright law, Law 9.610/1998.
