The theory of criminal responsibility (its concept, resurrection, foundations, consequences, absence and abstention) is an Islamic theory of origin and source, moral distinction, civilizational superiority, historical precedence, and accuracy of codification, a theory that humanity has never known. Criminal responsibility is “the responsibility that the offender bears, the responsible, sane, aware, knowledgeable, intentional, free, chosen, the waste that he suffers, and the penal consequences he deserves, in every attack related to the souls and blood of creation.” This research aims to reveal the truth of criminal responsibility, its essence, its pillars, its rulings, its forms, and its results. It addresses the research problem by answering urgent questions revolving around the severity of the criminal responsibility, the extent to which it is related to the elements of the crime, the extent of its relationship to criminal intent, and when it does not exist or refrain, or the implementation of its results stops. In this research, I followed the descriptive, analytical, and deductive method. The study came in four sections, which included: a summary about the excellence of the Islamic criminal system, the establishment of criminal responsibility, its relationship to the elements of the crime, cases of its failure, and the consequences and results of all of that: The basis of criminalization collapsed, and the character of the prohibited act was reversed, and it became lawful, and it would be abstained if the basis of the assignment collapsed and the offender’s capacity was diminished, both consciously and voluntarily. Execution may fall if some exceptional cases are presented to it.

Title

مأمون الرفاعي

Publisher

مجلة جامعة القدس المفتوحة للبحوث الإنسانية والاجتماعية

Publisher Country

Palestine

Indexing

Thomson Reuters

Impact Factor

10.0

Publication Type

Both (Printed and Online)

Volume

3

Year

2021

Pages

28