The Interpretation of Age of Criminal Responsibility for Juvenile Offenders from the Perspectives of Islamic Jurisprudence (Fiqh) and Malaysian Law

Abstract

Criminal offences still exist in Malaysia, whether minor or severe, including offences under Sharia law such as khalwat (close proximity) and civil offenses like causing harm to others. The issue of crime becomes even more concerning for society when it involves offenders among children. Therefore, the provisions for punishment of these offenses constitute one of the government's efforts to reduce the crime rate. Consequently, the minimum age of criminal responsibility needs to be thoroughly examined to ensure the well-being of these juvenile offenders is preserved in accordance with the age limits stipulated by the United Nations. In addition to reviewing the age limit of juvenile offenders from the perspective of Malaysian law, the determination of age limits from the standpoint of Islamic Sharia law (fiqh) is also examined. To this end, a qualitative method using documentary analysis will be employed. Data analysis will be conducted descriptively and thematically. The study's findings indicate various opinions regarding determining the age limit for child offenders. Inconsistencies in this age limit occur between Sharia and civil courts in Malaysia. Differences in assessing the age of children can also be observed when compared with fiqh provisions, namely the views of the four primary schools of thought. Therefore, it is crucial to ensure that the age limit for children, which lacks harmonisation, does not lead to any injustice within the legal framework.