Article Title

Maturity as a Condition of Criminal Liability in Islamic Jurisprudence under the Libyan and the Emirati Legislations

Authors

Mustafa Khaled Dr., Assistant Professor of Criminal Law, College of Law- Al-Marqab University - Al-Khums - LibyaFollow

Abstract

Maturity is considered as one of the essential conditions for criminal liability; whether the crimes involve Taazer or Hudood or Quesas Crimes.

This study deals with the issue of how Libyan and the UAE Legislation treat with adulthood as a condition of criminal liability.

The research aims to achieve some of the most important goals:

To highlight the methodology of Islamic law to address the issue of maturity as a condition of criminal liability. In addition, this study attempted to assess the methodology of Libyan and Emirati legislators in determining their age of puberty and the extent of their compliance with the provisions of Islamic law.

The research on this subject has been divided into two sections, the first of which was devoted to discussing the methodology of Islamic law to address the issue of puberty as a condition of criminal responsibility. The second was devoted to discussing the methodology of Libyan and Emirati legislators in determining their age of puberty as a condition of criminal responsibility.

In conclusion, the study submitted a set of results, the most prominent of which is that the different approach of the Libyan and Emirati legislators in determining the stage of puberty regarding the criminal responsibility for the Taazer Crimes and Hudood and Quesas Crimes led to a contradiction in the description that can be inflicted on the person at a certain stage of his life in the case of committing an offense, where he may be an adult and may not be adult in the same case.

Therefore, the researcher recommended the need for legislative intervention in Libya and the UAE, to remove the contradiction between texts relating to the determination of adulthood in crimes, by modifying the method used to determine the stage of puberty in the crimes of Taazer; So as to achieve consistency between the all those texts.

Recommended Citation

Khaled, Mustafa Dr. (2020) "Maturity as a Condition of Criminal Liability in Islamic Jurisprudence under the Libyan and the Emirati Legislations," مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL: Vol. 83: No. 83, Article 3.
Available at: https://digitalcommons.aaru.edu.jo/sharia_and_law/vol83/iss83/3