Investigating the Age of Juvenile Criminal Responsibility and Legal Justice from the Perspective of Islamic Jurisprudence and Law

Subject Areas : Political and International Researches Quarterly

hamidreza ghasemi ¹ ( Assistant Professor, Department of Islamic Education, Faculty of Law and Political Science, Takestan Branch, Islamic Azad University, Qazvin, Iran )

Received: 2021-09-23 Accepted : 2021-09-23 Published : 2021-11-22

Keywords: growth, puberty, Age of Criminal Responsibility, Legal Justice,

Abstract :

One of the most important issues in the present era is the age of criminal responsibility in the field of children. Many children who reach the age of puberty do not have the necessary intellectual development in criminal matters. The main question of the article is: can the age set in the Shari'a for a child's religious duty be the same as the age of criminal responsibility or 18 years old? Criteria should be set out in international instruments, including the Convention on the Rights of the Child. There are important principles in criminal law that can be considered as the builder of the criminal justice system. Among the principles in the penal system is the principle of moral responsibility, according to which a person will be responsible if he is mature, wise, and autonomous. Therefore, in criminal responsibility, in addition to maturity, intellectual and psychological development must also be considered.