The grounds of the cassation (Reasons) is how true and valid is the age of the applicant, and
whether it is (less than 18 years) which what the defence refers to as (authority of the court)
should it fall under the jurisdiction of the child court or the criminal court?
Third:
I am of the opinion and without indulging in the discussion of what the defence has risen on his
cassation request, we should follow exclusively the interpretation of the law based on the
following angles:
1. The criminal law as being the general law defines an adult under article (3) of Z
(interpretation) that an adult means:
(has reached the age of puberty by the emergence of the conclusive clear and visible
signs and has completed 15 years of age even if these signs are not visible.)
2. The interpretation of a person according to the definition of the child law under article (4)
dates (under age and an adult) and according to the legal context (text) an underage child
as:
(anyone who has not reached the age of 18, and an adult is anyone who has passed the
age of 18 years old).
3. The child law for the year 2010 according to the legal interpretation of the procedural law
and according to the provisions and rules of legal interpretation is the law that (the law on
and about the child whether he or she commits the crime or whether the crime was
committed against him or her) and its rules and regulation prevails over the criminal law
for the year 1991 because it is a special law and special means it is excluded from the
general and it is also the post law according to article (6) paragraph (3) and (4) of the law
determining the interpretation of legal laws and general texts for the year 1974 and the
judge was decisive according to article (3) of the child law for the year 2010 in
determining that its rules and regulation prevail over the criminal law for the year 1991
and above any other law because it on its face, is based on a text, that conclusively
testifies its supremacy
(the provisions of this law shall prevail over any judgment under any other law that come
into conflict with it and interpreted in favour of the child to the extent that it may
eliminate such contradiction.)
4. Even though that the child law for the year 2010 prevails over the criminal law for the
year 1991 but the judicial doctoring in earlier cases are in contradiction, some are of the
opinion that the child law has erred in determining the age of responsibility for the
Islamic Sharia’a laws and the constitution which obliges that the case be returned to the
criminal law because (adulthood is defined according to the Sharia’a) this contradicts
another opinion that the child law does not contradict the provisions of the Sharia’a laws
which is the Holy Book and the doctrines of the prophet Mohammed (PBUH) since there
does not exist a conclusive text that defines without a doubt the phrase (adult) stated in
the Hadith Sharif (the infant of the boy until sexual maturity) and also stated in the Verse
of (Sorat Al Nour – The Light) Verse number (59) ستَأأ ِذنُوا َك َما
( َوإِ َذا بَلَ َغ أاْلَ أطفَا ُل ِمن ُك ُم ا أل ُحلُ َم فَ أليَ أ