Document Type : Original Article
Authors
1
Department of Jurisprudence and Fundamentals of Law, Islamic Azad University, Imam Khomeini Memorial Branch, Shahrari, Islamic Azad University, Tehran, Iran
2
Associate Professor of Jurisprudence and Fundamentals of Law, Faculty of Humanities, Islamic Azad University, Imam Khomeini Memorial Branch] Shahreri, Iran
3
Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Islamic Azad University, Imam Khomeini Memorial Unit, Shahrari Branch, Islamic Azad University, Tehran, Iran
Abstract
In the Islamic legal system, young age is considered one of the factors that mitigate criminal liability, and jurists consider maturity as one of the general conditions of duty; As a result, they do not consider a child who has committed a crime or a crime to be entitled to punishment or retribution. In the penal regulations of Iran, the lack of criminal responsibility of minors has been explicitly accepted, but at the same time, in crimes with non-punishment punishments, educational and punishment measures have been established for them, which in the last part contradicts the principle of the lack of criminal responsibility of minors. In this regard, in addition to paying attention to the explanation and adaptation of the opinion of experts in the field of Sharia with the penal regulations for minors in the field of converting the limit of theft to Ta'zir, the effective causes of children's delinquency can be investigated and evaluated. Most of the studies and researches that are carried out on the axis of social structure are focused on reforming the behavior and thought of this particular group and analyze the effective factors in the deviation or guidance of this age group. Perhaps the most important reason for the special attention of experts and experts is the effective role that children will play in the future structure of society.
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