Discretionary Punishment of Incompetent Persons in Islamic Jurisprudence

Abstract

The research aims at studying the Ta’zeer (discretionary punishment) of incompetent persons like the insane and child and stating its ruling in Islamic jurisprudence. It discusses the conditions that must be considered while applying the discretionary punishment to the incompetent person and its enforcement in a way that compensates for the damage. The research includes an introduction, three sections, and a conclusion. The study has concluded the following: An incompetent person is the one who is incapable of carrying their responsibilities such as a mentally incompetent person and child. Then, there is no obligation of legislation rights from or toward them. All Islamic Jurists agreed on the punishment of incompetent persons for correctional purposes. The discretion punishment of an incompetent person is bounded by specific conditions. The discretionary punishment aims to prevent any harm to others and to preserve the incompetent person's rights.