نظرية المسؤولية الجنائية في الفقه الإسلامي

Abstract EN

The theory of criminal responsibility, its concept, establishment, foundations, results, non- existence, and abstention is an Islamic theory of origin and source, moral distinction, civilizational superiority, historical precedent, and rationing accuracy.

A theory that humanity has not and will never be known for.

Criminal responsibility is “The liability borne by the perpetrator, the responsible, the rational, aware, informed, free and chosen, knowledgeable, purposeful, free adult, the waste that he suffers, and the punitive consequences he deserves, in every assault related to the spirits of creation and their blood.” This research aims to uncover the truth, essence, pillars, provisions, images, and results of criminal responsibility, as it draws the outlines of this wonderful theory and affirms the necessity of its urgent formal application.

It addresses the search problem by answering pressing, urgent questions about the severity of criminal responsibility, the extent of its connection with elements of the crime, the extent of its relationship with criminal intent, and when absent, abstain, or when the implementation of its results ceases.

In this research, I followed the descriptive, analytical, and deductive approaches.

My research has come in four sections, which included: A summary of the distinctiveness of the Islamic criminal system, the establishment of criminal responsibility, its relationship to the elements of crime, the causes of its failure, and the implications and consequences of all this.

The study concluded that criminal responsibility would be established if its elements and conditions are complete and will cease to exist if the basis of incrimination is destroyed.

The characteristic of the forbidden act is reversed and becomes legitimate.

It refrains if the basis of the assignment collapses and the perpetrator’s eligibility decreases, in both awareness and choice.

The implementation may fall if some exceptional cases are exposed to it.