Fojdari Masoliat Ke Muntakhib Mowanay: Islami aur Wazee Qawaneen Ka Taqabali Jayza

Abstract

Islamic Criminal Law offers a very specific interpretation of justifications and excuses of criminal liability. This study managed to provide insight into the concept of criminal liability and its justifications under the Islamic Criminal Law with a comparison of specificities of Criminal Law of Pakistan. The contours of criminal liability are explained under headings the scope of criminal liability and conditions of criminal liability. The matter of age is discussed as an excuse or justifications of criminal liability. The mens-rea is absent in a minor person because he lacks a sufficient intellectual capacity to fully realize the implications of his behaviour. The minority ends with the physical puberty fifteen is the common age for both males and females after which the absence of puberty can not be established according to majority view. Whereas the Maliki and Imam Abu Hanifa have fixed the age of eighteen year which is legal age in Pakistan. The minority status is an excuse of criminal liability. The doctrine of criminal liability rests on the principle that perpetrator is responsible for the harmful conduct only if he possesses the enough knowledge about the disparity between right and wrong. It should be considered that the category of age is an excuse rather than a justification of Criminal liability as it helps to show justice for particular unlawful conduct. The maternal justice is associated with the mental and physical ability of an individual to fully realize the implication of his actions. There is no criminal intent in a case when the perpetrator lacks the required amount of intellectual capacity to fully realize the implications of his conduct. The fact is that insane and unconscious person can not be convicted for the harm inflicted as the result of their actions. The tort law does not justify a person's actions on ground of psychological actions so it is to prove the existence of harm and, afterwards to look for possible exceptions and justifications. The category of private-defence is recognized as a justification, rather than an excuse, it is an act that resembles a criminal act but also not contain all necessary elements to be qualified ش as such, it loses its unlawful character (actus reas) and it should not be qualified separately from the act which, otherwise, would have been recognized as unlawful. Islamic Criminal Law intercepts this concept as a right of an individual to defend his own property, body, chastity of a woman, or similar interest of any other individual against any illicit assault through the use of reasonable force. This right aims at restoring the rights of private parties (individuals) that are either threatened.