Harmonisation of the law relating to criminal accountability of young offenders

Mohamad Hussain, Mazlena and Hussin, Nasimah (2025) Harmonisation of the law relating to criminal accountability of young offenders. IIUM Law Journal, 33 (1). pp. 239-264. ISSN 0128-2530 E-ISSN 2289-7852

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Abstract

Modernisation and changes in values and way of life have greatly affected the minds of the youth. Hence, the number of crimes they commit has increased tremendously. The pertinent issue would be whether or not these young offenders can be criminally liable for their actions. To prove the liability of a criminal offender, the law requires that the offender must have reached the age of criminal responsibility, otherwise, he may be excused from any criminal liability. The principle is known as doli incapax, an irrebuttable presumption that a child below a certain specified age is presumed to be incapable of committing a crime. This is not only to safeguard the interest of the child but also to ensure that only those who possess a guilty mind (mens rea) shall be responsible for the crimes committed. This principle can be found both in the civil and Shari’ah legal frameworks. This paper adopts a doctrinal study of existing primary and secondary materials relating to criminal liabilities of young offenders from both civil and Islamic laws and ventures into the possibilities of the two laws being harmonised. Statutory provisions, case law and other legal literature pertaining to the topic are examined. Comparative legal research methodology is also adopted in this research. Findings show that there are great similarities between the two laws as far as criminal accountability of young offenders are concern – a) criminal liability depends on ability to understand the nature and consequence of the act b) young offenders below certain age are excused from criminal liability c) young offenders who are found committing crimes cannot be treated as adult offenders d) if a young offender is found responsible for a crime, the court in issuing judgment must always put his best-interest as a priority (e) it is possible to harmonise the two laws since both share great similarities.

Item Type:	Article (Journal)
Uncontrolled Keywords:	Harmonisation, Criminal Liability of Young Offenders, Doli Incapax, Shari’ah Law, Civil Law
Subjects:	K Law > K5000 Criminal Law K Law > K623 Civil Law K Law > KBP Islamic Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User:	Nasimah Hussin
Date Deposited:	15 Dec 2025 12:18
Last Modified:	15 Dec 2025 12:18
Queue Number:	2025-12-Q1023
URI:	http://irep.iium.edu.my/id/eprint/125841

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