Ruling of Minor Felony in Islamic Jurisprudence and Yemeni Law

Abstract

The aim of this research is to address a jurisprudential, legal, and judicial problem caused by the ongoing dispute among scholars regarding the obligation of blood money (diya) from the property of a minor when they harm others. It also examines the ruling on the waiver or settlement by a guardian, custodian, or appointed person without the permission of the judge concerning an injury due to the minor or a right owed to the minor, as well as the waiver of the minor's lawsuits or settlements regarding the minor's rights. All of this has jurisprudential and legal implications, including the cancellation and discharge of the minor's rights, which can lead to the neglect and loss of the minor's rights, contrary to what Sharia emphasizes, as well as the legal texts, rules, and principles issued by the Supreme Court. The research includes definitions of the terms used and discusses the rulings on the felony committed by a minor and the waiver of the felony by the guardian, along with the guardian's settlement regarding an injury due to the minor. The researcher concluded a number of findings, the most important of which is the consensus among scholars that a minor is not subject to criminal responsibility due to the absence of the conditions for liability. The law also establishes significant differences in the crimes of minors based on their age; for instance, upon reaching the age of seven, they cannot be held criminally accountable. If a minor commits a crime before turning fifteen, the judge may apply one of the measures specified in the juvenile law. If they reach the age of fifteen but are not yet eighteen, the sentence cannot exceed half of the maximum penalty prescribed by law.