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The Journal of Sharia Fundamentals for Specialized Researches

About the Journal :

The Journal of Sharia Fundamentals for Specialized Researches (JSFSR), a peer-reviewed scientific journal indexed by the International Standard Serial Number for Academic Scientific Journals (e-ISSN: 2289-9073), issued every three months.
The journal specializes in research, articles, and scientific papers of originality and innovation Committed to the scientific methodology, and the ethics of scientific research.
It aims to be a platform for researchers and a meeting point for researchers to present the different values and topics of legal sciences and systematic studies, and link them to the principles of Sharia, and to update, enhance and support the scientific development of contemporary systematic topics related to the principles of Sharia that serve society and ensure the strength and respect of Islamic identity in various scientific fields. Socio-economic



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.