“Offense and metaphors children on the view Shia Jurisprudence Shafi’i “

Author:
Leila malekian
Level:
Ph.D
Subject(s):
Shia Studies
Language:
Farsi
Faculty:
Faculty of Islamic Denominations
Year:
2017
Publisher:
URD Press
Supervisor(s):
Hossein Rajabi
Advisor(s):
Mahmoud Veysi , Toba Shakeri golpayegani

This paper about the legal foundations of the death penalty meet the child and his punishment by the judge on the basis of Jurisprudence and is Shafi’iyya. In Islam, children lacking criminal responsibility and punishment and retaliation in case they do not run around, but suspended the accepted style about them. Rights of the Child, the minimum age for differentiation in children, growth criminal, the concept of retribution and punishment, about the diya and Jurisprudence and Shafi’iyya classified as juvenile delinquency, mental elements of the crime, crime leads to retribution and blood money, stewardship or causality children to commit crime, to punish children for special consideration among the other issues raised in this research. What is Jurisprudence and Shafi’iyya about the child is punished, not the absolute prohibition on considering the circumstances and specific requirements, holy legislator, the ban is eliminated. If there is a minor point in terms of the realization of the crime, the punishment for which particular rules and principles govern from which the principle of “rule of law in criminal child policy” as well as the principle of “participatory politics Aftraqy- children,” they say. As well as the laws enacted, given that there is no conflict with Islamic criminal law can be a source for the principles and rules governing child in penalties, the principles such as the principle of legality of penalties Mjazatha- personal principle-the principle of draws penalties and the principle of proportionality in criminal justice sanctions are applicable to children with greater respect.