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What is the criminal responsibility of children before the age of puberty and before the age of discernment?

1 min readAlso available in العربية

The penalties incurred by a boy vary depending on the nature of the punishment. As for what constitutes a right of Allah Almighty, such as the prescribed punishments (hudud), these are not applied to him, and this is a matter of consensus. As for what constitutes the rights of people, if it is a financial right, such as guaranteeing compensation for damages, then it is due from his wealth. However, the punishment of Qisas (retaliation in kind) is not applied to him according to the Hanafis, Malikis, and Hanbalis. Instead, the blood money (diyah) for his act is due from his wealth according to the Hanafis, and from his 'aqilah (male relatives on the father's side) according to the Malikis and Hanbalis. The Shafi'is differed on this, stating that the deliberate act of a boy in committing offenses is considered deliberate, thus the blood money is intensified for him, and he is deprived of inheriting from the one he killed.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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