A new Opinion at issuance and performance Hudud on children and adolescents

Abstract

Children Criminal Rights seeks tocreate the necessary limitation for the fightagainst juvenile delinquency in order to achieve the corrent methods tomodify and treat the perpetrators under the age of 18.Accordingly, thereaction of the community to the crimes of childrenand adolescents shouldbe proportional tothese goals, which are clearly notablein the formulationofpunishments in Islamic Penal Code.According to this law, Hududisexecutable for children andadolescents, but it does not meanneglect of thepersonality and ageof the offenders. The findings of this article with thepurpose ofexamining the manner of issuance and enforcement of Hudud,indicatethat a review of the age ofcriminalresponsibility of children andadolescents based on existing jurisprudential sources is possible andrecommended, but in the current legal situation, on the one hand, features ofHudud such as criminal policy of ignoring crime, the difficulty of proving,the need to pay attention to the rule of dar, the process of rule of the Jeb andthe powers of governor in issuance and enforcement of Hudud and the lightrole of the plaintiff in the pursuit of these offenses; indicated that examplesof the implementation of Hudud were unique and, on the other hand, theverdict on those matters in according to the strict letter of the law, dependson the proof of growth and understanding of the nature and dignity of the actby the offense committed.Therefore, there is no conflict between thepunishment of persons under 18 years and the purposes of the new criminallaw.

Keywords

• hudud
• adolescence
• maturity
• islamic ruler
• delinquency
• repentance