Criminal responsibility of a child in committing the crime of theft From the perspective of Islamic jurisprudence

Document Type : Specialized scientific

Authors

1 research fellow

2 University professor

10.22034/ijf.2023.100268.1013

Abstract

Considering that one of the most common crimes committed by children and adolescents is the crime of theft; Therefore, a research should be done on the factors of child theft and the solution to reduce child theft, as well as on the criminal responsibility and non-responsibility of children and adolescents who commit this crime, so that it is clear how the children of thieves are treated in jurisprudence and Sharia. . Certainly, in Islamic jurisprudence, conditions have been considered for the enforcement of limits, including for establishing the limit of theft, the most important of which is the adultity of the criminal. Therefore, if a person who has not yet reached the level of Islamic maturity commits theft and steals someone's property secretly, the theft should not be enforced against him; Because the establishment of the sub-limit is optional and the child has no obligation to make something haram or obligatory upon him, the condition of maturity in fulfilling the criminal responsibility towards the thief is the main one, which is the case of all Islamic sects and no one has and does not have any objection to it. There is no debate about this. But the significant debate in this regard is that in the case of repeated theft by children and teenagers, the sentence will be the same, or will the verdict be changed for children and teenagers who repeatedly commit the crime of theft, and the views of special and public jurists in this regard What is. From the study of jurisprudential texts, it is found that in this field, there are two different views among Imami jurists: one is the view of discipline. The other is the view of order and detail.

Keywords

Two Quarterly The Religio - Jurisprudential
Volume 2, Issue 4 - Serial Number 4
February 2023
Pages 5-30

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