Matin Research Journal

Matin Research Journal

Penal Responsibility of the Minors with Emphasis on Imam Khomeini's Viewpoints

Document Type : Original Article

Authors
1 Retired Professor of Khawrazmi University, Head of the Department of Islamic Jurisprudence and Principles of Law, Imam Khomeini and Islamic Revolution Research Institute
2 MA in jurisprudence and law.
Abstract
There is no distinction between the stages of growth of the children
and degree of their penal responsibility in the Islamic Penal Code,
particularly in Article 49, while every individual before attaining
the age of religious maturity is delivered from penal responsibility.
As soon as an individual attains the age of maturity he or she is
fully responsible and is punished for any offense. The question is: what happens in a single day that the legislator changes his viewpoint
that causes significant consequences for the person who attains
maturity. Another question is whether the announced age can be a
precise criterion for the maturity of boys and girls? The present
paper is an attempt to study the penal responsibility of the children
in Imamiyeh jurisprudence with distinction between age of penal
competency and criminal responsibility and in conclusion the
Convention of the Children Rights is also reviewed.
Keywords