فقہ اسلامی اوروضعی قوانین میں جنون اور فاتر العقلی کی بنیادیں اورفوجداری مسئولیت پران کے اثرات

Abstract

It is well known that the mind plays a dominant role in all human actions. Mental diseases obliterate perceptual or volitional capacity of a human. If a person suffering from such a mental disease commits, the accused is not held responsible and convicted due to the absence of mental faculties. In this article, various degrees of unsoundness of mind in Islamic and positive law have been identified. Moreover, the modern scientific methods like Mc Naughthon rules, Durham rule, and those developed by American Law Institute (ALI), which are being employed in the cotemporary world for determining unsoundness, have also been examined from Islamic perspective and compared with the provisions of Pakistani law. In addition, precedents from the superior judiciary in this regard have also been quoted.