اختلافات الأصوليين في القواعد المتعلقة بالصبي المميز و تطبيقاتها الفقهية المعاصرة

الملخص EN

Childhood is an important stage in Islamic legislation.

Scholars and jurists addressed youthissues with more care and interest in many of the laws of jurisprudence in terms of quranic laws of worship, of transactions (Al- Muamalat), of family, of offensesand fixed punishments.

The researcher finds that most of researchers' interest, in the past and present, regarding the discriminating boyisfocused on theJurisprudential aspect only.

Thus, the researcher investigates fundamentalists differences in the rules relating to the discriminating boy, and how these differences seriously affected many central issues of Islamic jurisprudence as well as their impact on the secondary issuesof jurisprudence based on those fundamentalist differences.

This research defines the discriminating and thenon-discriminating boy, the difference between them, and the pubescent.

It also shows that the basis of legal responsibility(Al-Takleef)in Islamic legislation is legal age and sanity, not perceptionwhich differs from one child to another according to the upbringing, environment, and culture.So, it is impossible to decide arbitrarily on the point intended by the legislator.Therefore, this has been connected to legalage and sanity.

The research conflatesthe rules regarding the discriminating boyinto three comprehensive ones; no legal responsibility (Takleef)before legal age;thejuvenile's saying doesn't count;and thejuvenile's deed is to be considered.

The researcher gives some applications by mentioning the branches of jurisprudence based on those rules.

He also explains how the legislation takes into account what is beneficial to public interest in the behavior of the discriminating boy, maintains it, andavoids the consequencial damage to societyof his wrong sayings and deeds, which areinsignificant and become void.