Juvenile Criminal Liability in Islamic Criminal Law: An Analytical Study of Ḥudūd and Qiṣāṣ Offences اسلامی فوجداری قانون میں کم عمر افراد کی مسئولیت: حدود و قصاص کے جرائم کا فقہی و تجزیاتی مطالعہ

Abstract

This paper examines the concept of criminal liability of minors within Islamic criminal law, with a particular focus on ḥudūd and qiṣāṣ offences. Islamic jurisprudence establishes responsibility (mas’ūliyyah) on the basis of intellect, maturity, and perception, thereby exempting children, the insane, and those under coercion from the full application of criminal liability. Drawing upon Qur’ānic injunctions, Prophetic traditions, and classical juristic opinions, the study outlines the principles governing the exemption of minors from ḥudūd and qiṣāṣ punishments, while highlighting the imposition of financial liabilities and discretionary punishments (taʿzīr) where appropriate. The discussion covers major offences including homicide, adultery, theft, ḥirābah (banditry), qadhf (false accusation), apostasy, intoxication, and rebellion, analyzing how classical jurists differentiated between acts of minors and adults in assigning culpability. The findings demonstrate that Islamic law does not equate minors with adults in terms of punishment; instead, it provides a balanced framework that combines social protection with opportunities for correction and moral development. This research also underscores the relevance of Islamic legal principles in contemporary debates on juvenile justice, showing that Islamic jurisprudence anticipated many modern concerns regarding the treatment of juvenile offenders.