مدى ملائمة سن الأهلية في التشريعات الوضعية والشريعة الإسلامية

Abstract EN

After mentioning the definitions and limitations of the study, its problem crystallized in examining the restrictions, routines and permissions that age groups need to obtain to do some of their affairs, despite their mental ability mostly to do so without the need for these permissions and permits and imposing restrictions, and the paradox and contradiction appears when a person of this category commits a crime, which is with his full will and his complete mental maturity, enough to consider his act a crime, and with his consent to its result, the law is unable to punish him with deterrent punishment, so I concluded from this that there is strictness in the positive legislation to consider and take into account the actions of an age group and a wide segment of societies, without looking at the reality of these cases and the circumstances of their inception.

therefore, I recommended the necessity of descending the age of majority to free these age groups from the routine of permissions and statements, as well as the necessity of legislative intervention in order to achieve early gradation by ensuring that they bear the responsibilities and consequences of their actions, and carry out their duties in order to protect the safety and security of society.