Defining Crime Responsibility According to Islamic Legislation (From Effect of Islamic Legislation on Crime Prevention in Saudi Arabia Proceedings, P 91-145, 1976 - See NCJ-87248)

• NCJ Number: 87250
• Author(s): M S Madkour
• Date Published: 1980
• Length: 54 pages
• Sale Source: Saudi Arabia Ministry of Interior
• Language: English

Annotation

Criminal responsibility under Islamic law is dependent upon a person's having committed the offense under the exercise of his/her free will, and punishment is tempered through consideration of the circumstances that may have influenced the offender to commit the offense.

Abstract

To be criminally responsible under Islamic law, a person must be of an age sufficient to have moral perception and must have the mental and emotional capability to act sensibly. Juveniles and mentally ill persons are not deemed to be criminally responsible for their misdeeds. Further, criminal responsibility is personalized so that a person other than the one committing the offense cannot be held liable for the offense. Islamic law also considers the circumstances that motivate a crime; e.g., the punishment for adultery varies according to whether the offender is married or single, with punishment being more severe for the married person, because that person has the opportunity to express sexual drives within the marriage, whereas, the single person has no such legally sanctioned outlet for sexual expression. Also, a pregnant adulteress may have punishment deferred (flogging or stoning to death) until after the birth and weaning of her child. Further, the punishment for theft is mitigated when the person is compelled to steal to survive. Islamic law not only provides for the law's application individualistically but urges crime prevention through moral education of the young and the offender. Comments on this paper by symposium participants are provided.