It is understood that the legislator`s opinion on removing the difference when following a
specific opinion or a school of thought where he can see the interest of the people as these
are the axioms of the Islamic Jurisprudence Books in which jurists adopted the assignment
of judiciary by time, place, cases and opinion.
It is provided in Sharia Pleadings Book by Maawad Mustafa Sarhan - 1st Edition 1953 Page 128 that ((if the ruler orders the judges to follow an opinion of a jurist from Imams in
respect of special matters if his opinion on people is more merciful and in the interest of the
era, the same will be correct))
Dr. Ahmed Kanan has addressed the concept of legal age in his book the Medical
Jurisprudent Encyclopedia issued by Dar Al Nafash 1st Edition 2000 Page 127 ((to be the
righteousness and correctness and which is the transition of a child from the condition of
childhood to manhood by completing the physical and mental growth so as to bear the
consequences and from whom guardianship is lifted when attains adulthood and becomes
eligible for performing duties but remains incompetent to bear consequences and so he
should not be treated as an adult))
He also pointed out on page 164 that most jurists are in the view that the legal age is
eighteen years. He attributed the difference between legal age and adulthood to the fact that
legal age is little late from physiological or organic adulthood.
He therefore concluded that the criminal judgments and penalties are in agreement with
legal ages rather than adulthood.
Dr. Yousef Ishaq Ahmed has justified this by parenting in his bookContradiction of Child
Act for 2010 with Criminal Act for 1991 in determining legal age - Edition 2013 when
addressing legal age on page (2).
These opinions are in conformity with the definition of legal age which means ((wisdom
and knowledge being a starts starts after the end of the young limit which is called
perception and adulthood)). Please refer to the Kuwait Jurisprudence Encyclopedia Part (8)
Pages 187/188. Also refer to the book of Dr. Yousef referred to on page (2) that legal age
comes after adulthood and may be little late.
Therefore, there is no inherence between perception and adulthood. So, the insane adult
man is unperceptive and perception is the focus of criminal responsibility.
It is provided in the General Jurisprudent Approach by Mostafa Ahmed Al Zarqa - Edition
of Dar Al Qalam -Damascus 1998 - 1st Edition - page 859, that ((we are in the opinion of
considering and verifying Sharia provisions that adulthood is a milestone required for lawful
adulthood and that legal age is a milestone for completing capacity for acting which
depends on practical and financial experience in perceiving good and evil underlying
adulthood and bearing of criminal responsibility)) he concluded that (( It must be considered
between age of discrimination from which capacity for performance of duties starts and the
legal age at which two stages integrate not only one, adulthood then legal age)).