A Comparative Study of the Recognizing Criterion of Discretion in Islamic Denominations' Jurisprudence

Document Type : Original Article

Authors

1 Ph.D. of Jurisprudence and Criminal Law, University of motahari, Tehran, Iran.

2 MA. in Law, Jurisprudence and Private Law, University of motahari, Judge

10.22034/mfu.2024.141865.1455

Abstract

Discretion (tamyῑz) is a stage of human development, which usually begins in childhood. The discussion of the effects of discretion and actions of a discerning child depends on knowing the limits of discretion. This research, which is applied in purpose, descriptive in nature, and is done on library data, investigates the limits and criteria of discretion. Age, being a teenager, performing the operation correctly, the height of the child, the fall of milk teeth, and finally the understanding and knowledge of the child are among these criteria. However, the basic rule of discretion is the cognitive criterion; A child who recognizes the nature of his actions, profit and loss, and good and bad, is considered a discerning (mumayyiz). Because of the existence of differences in children's perception and the impossibility of having a single standard for it, age as a discerning factor that indicates the recognition and discretion of a child is the best criterion, which in the language of hadiths and jurisprudence is the age of 7 years in worship acts and the age of 10 years in transactions.

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