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The Journal of Sharia Fundamentals for Specialized Researches

About the Journal :

The Journal of Sharia Fundamentals for Specialized Researches is published quarterly, it is designed for whoever researcher seeking welfare that is based on knowledge. It seeks to provide a platform for the excellent researchers to present and consider the values and themes of various religious and social sciences acquired by learning and practice. It aimed at becoming a meeting point and channel for researchers to publish their innovative works, with regard to the interpretation of Islamic Sharia sciences and its regulations and the enhancing of social sciences to become adequate programs that serve the human and society in a significant and neutral way.

Our mission is to maintain the efforts of researchers and their innovative works in Islamic Sharia sciences known for its human civilizational value, through which we can spread awareness among people and ensure respect and strength of Islamic identity in different scientific, cultural, and social environments.

Therefore, this journal is designed to serve as a platform to identify the various religious and social dimensions of knowledge, such as considering the Holy Quran as the foremost and fundamental source of Islamic rules followed by the Sunah (biography of the Prophet Mohammed Peace and Blessings be Upon Him) that explains and clarifies the Holy Quran, along with its affiliated Sharia studies on the individual and society, such as studies concerned with Ijtihad which focuses on the studying of modern issues and finding solutions to them.



MARAHIL ALMASWUWLIAT ALJINAYIYAT LILHADATH FI ALQANUN ALEUMANII EALAA DAW' ALSHRYET AL'IISLAMIAT WALQANUN ALDUWALII

ABSTRACT

Legal legislation has concerned with providing the necessary protection means for juvenile delinquents and those who are exposed to delinquency, through dividing the period of their juvenility into different ages according to their physical & mental development, through which the criminal responsibility shall be defined as well as the reformation & punishment that should be applied in each stage. In spite of these stages seem from the first sight are obvious and clear and easy to be implemented, however the practices and legal embranchment  create many issues that require to examine and suggest appropriate solutions for such issues, therefore the problem of the study is to examine to how extent the legal texts in Omani law are comprehensive to cover all the aspects of criminal responsibility of juvenile and the consequences of such divisions from the effect on applied  measures and punishment, as well as the judiciary stand without doing anything against confuse in some legal text regarding methods of identifying the actual age of the juvenile, fearing that the justice of the court may effect, furthermore it is important to know the conformity of this division that Omani legislator has followed with what have been stipulated in Sharia’ law & international conventions.

This research aims to find applicable picture of stages of criminal responsibility according to division of Omani legislator, taking in consideration what is useful in comparative laws and produce such stages in the light of provisions of Islamic Law and international conventions, by examining the consequence effects from such divisions through sorting out the criminal responsibility, so the applicable punitive policy may determine through such classification whether are caring or reformation measures or even reduced sentence. The study has applied inductive, analysis and comparative approaches. The research has concluded many results most important is that the division & classification of criminal responsibility of juvenile in Omani law

Conformities with what is stipulated in Sharia’ law and there are many defects & defaults in Omani law that need to be corrected by constructing legislative amendments on the law.

Keywords: stages, responsibility, criminal, juvenile, measures, punishment.