نوع مقاله : مقاله پژوهشی
نویسندگان
1 حوزه علمیه تخصصی رفیعه المصطفیﷺ
2 دانشیار و مدیر گروه مطالعات زنان دانشگاه تربیت مدرس / مدیر گروه حقوق دانشگاه امام صادق (علیه السلام) / استاد عالی حوزه علمیه
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Abstract
In this discourse, the term "minor" refers to children who have not yet attained the age of legal accountability as defined by Sharia. It is entirely clear and evident that Shia jurists unanimously agree on the validity of applying legal provisions to the actions of minors, such as ownership at the time of acquisition. This study aims to examine the contentious issue of the application of legal obligations and criminal responsibilities prior to attaining puberty, along with its ramifications from the viewpoint of usuli scholars. Criminal law within any society is shaped by the ideology and worldview of its populace, alongside their definitions of society and the state. Due to fundamental theological divergences and the presence of various critiques and theories, the jurisprudence of political authority and penal law—particularly in the realm of minor's rights— assumes a non-religious and governmental dimension. This aspect of jurisprudence intersects more profoundly than other areas with the social and political lives of individuals. Thus, this domain can be characterized as a reflection of juristic ijtihad within civil law and governmental policy, which may be appropriately labeled governmental jurisprudence. Considering that an action devoid of divine wisdom is deemed reprehensible, the stipulations of law in governmental jurisprudence—especially regarding minors— It is based on rational infrastructures. These include the rule such as justice, ease, absence of hardship, avoidance of harm, prohibition of obligations beyond one’s capacity, The principle of proportionality between sentence and punishment, all functioning within the framework of the interaction between reason and divine law.
کلیدواژهها [English]
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