Circumstances excluding criminal liability under the criminal law of the Muslim countries

Dana Rizayeva,Ammar Manna,D Rudoy,V Murgul

doi:10.1051/e3sconf/201913504071

Dana Rizayeva, Ammar Manna + Show 2 more

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https://doi.org/10.1051/e3sconf/201913504071

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Abstract

In Islamic criminal law there are no institutions the general part, in that connection, it shared the list of circumstances that exclude the criminality of an Act, not developed. In Islamic criminal law, such circumstances, according to the analysis of some of his sources are not reaching the age of responsibility, a State of insanity, mislead, commit a crime under duress, self-defense, urgency, as well as remorse. The article is devoted to the characterization of the circumstances excluding criminal liability under the criminal law of the Muslim countries professing the Anglo-Saxon system of law. Main purpose is to form an idea of the role the circumstances excluding criminal liability under the criminal law of the Muslim countries professing the Anglo-Saxon legal system in modern conditions based on foreign legal literature, and an analysis of the criminal law. The hallmark of Muslim law is a priority of the religious laws of Islam, which govern all aspects of the life of Muslims. The question of the role of the circumstances excluding criminal liability under the criminal law of the Muslim countries professing the Anglo-Saxon legal system in modern conditions is covered in Islamic law with the aim of precise qualification of perfect a criminal offence, with a view to establishing the legality of the Act.

Highlights

At present, in spite of onward social development in various areas of life activity, religion has not lost its regulatory role
The question of the role of the circumstances excluding criminal liability under the criminal law of the Muslim countries professing the AngloSaxon legal system in modern conditions is covered in Islamic law with the aim of precise qualification of perfect a criminal offence, with a view to establishing the legality of the Act
In Sheriat and Jordan criminal legislation, which may be referred to the countries professing the Anglo-Saxon system of the law, the following kinds of circumstances are provided, which exclude criminal liability: restraint of a person to commitment of a crime, necessity of commitment of a criminal action, mental incompetence of a criminal, his alcoholic and narcotic intoxication, non-achieving by a criminal of criminal liability age, commitment of actions included in legal limits of exercising of his right, performance of an order, use of corporal punishments by parents to own children, carrying out of professional functions

Summary

Introduction

In spite of onward social development in various areas of life activity, religion has not lost its regulatory role. The world religions take a special place in the modern world including Islam, which formed a large religious legal system operating in many countries. The criminal law of the Islamic countries operates as an integral part of the Muslim religion appeared in VII century and extended to the Near-Eastern region, Middle East region, the North Africa and particular states of South-East Asia. The criminal law of these states is virtually considered to be an integral element of Islam and directed at protection of its main values [1]. In the Islamic criminal law there are no institutes of the General part, in this connection, the general list of circumstances, which exclude a criminality action, is not developed in it. In the Islamic criminal law, according to the analysis its some sources conducted non-

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