Gradual Penal Responsibility for Delinquent Girls

Zahra Gharibi

Abstract


The age of penal responsibility has been considered among the important and challenging issues of penal laws since ancient times. The problem of gradualism or fending of penal responsibility is among these challenges. According the famous comment of Shia jurisprudence, the age of penal responsibility in Islamic penal code based on religious age of maturity is complete 9 years old (lunar) for girls and complete 15 years old (lunar) for boys. Now the question is “is that right to put the basis of penal responsibility age on religious age of maturity? Is age of maturity a worshiping issue or it is genetic issue? Is it gradual or it is fending?” In this paper, investigating the issue of penal responsibility age in girls in terms of different dimensions and criticizing the existing rules, the graduality and change in the age of girl’s penal responsibility proportional to their intellectual growth and distinguishing power is suggested; because girls are rarely matured in the age 9.


Keywords


gradual penal responsibility, delinquent, maturity, growth, age, girls.

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