Matin Research Journal

Matin Research Journal

The Age of Criminal Responsibility for Children in View of Imam Khomeini and Islamic Penal Code(Comparative Study with Penal Codes of Muslim Countries)

Authors
1 Assistant Professor of the Humanities Research Institute (Islamic Encyclopedia) and Ph.D. student of Islamic Azad University, Science and Research Branch of Tehran
2 Ph.D. student of jurisprudence and the basics of Islamic law, Imam Khomeini and the Islamic Revolution
Abstract
The gradual growth in liability proportionate to
the degree of understanding based on age criterion, is among the worldly
accepted approaches for realization of justice, hence a sign of social equity.
In the majority of Muslim countries, there are minimum and maximum age
requirements or incomplete criminal responsibility for a person to be subject
to criminal liability. The ongoing approach in Muslim nations is to keep the
children and young adults away from the judiciary system as far as possible.
The laws chiefly consider emotional, intellectual and mental maturity
irrespective of gender in determining the age for full criminal responsibility.
The majority of them, however, have insisted on prohibition of exercising heavy
punishments such as capital punishment and life imprisonment for under-eighteen
youth. With respect to Imam Khomeini’s religious decrees, where he rules by
virtue of the principle of dar’ (prohibition of enforcement of an order due to
doubt) we can claim his view is in the same direction with this approach
Keywords

-   Unicef. (1997) innocentiDigest, children and Violence No 2.