Theories Concerning the Commencement and Close of Childhood in Islamic Law

Subject Areas : All jurisprudential issues

Seyd Abolghasem Naghibi ¹ (استادیار گروه فقه و حقوق اسلامی، دانشگاه شهید مطهری، تهران، ایران)

Received: 2014-10-15 Accepted : 2014-10-15 Published : 2008-03-20

Keywords: child, child law, puberty, mental qualification, fetus, power&#x0D, &#x0D, of discrimination, infant,

Abstract :

Inadequate physical, intellectual, and mental growth of a child requiresthe necessity of his extraordinary protection as an undeniable principleadopted in different legal systems. Thus, it is necessary to know thecommencement of childhood which brings about this legal protection.Experts in law have raised three theories concerning the commencementof childhood. They are as follows:1. Birth of foetus alive2. Capability to live on its own out of the whomb or in the laboratory3. Formation and development of spermAuthentic and frequently – quoted Hadiths indicate that a foetus bornalive is entitled to inheritance. So the first theory can be established on thegrounds of these Hadiths.Quranic verses and traditions (Hadiths) identify puberty – the stage inwhich sexual organs are capable of reproduction – as the criterion oftermination of childhood. Nevertheless, child’s property should not beentrusted to him after puberty unless his mental qualification (Rushd) isestablished. Thus, mental qualification is also necessary to reach the stage oftermination of childhood in financial affairs