Back to search
The question

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

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

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.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
33547
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy