The Author: Wahbah Zoheili
Arrangements: Karrar
Committing the Crimes By Children
Being under- age and also infant is one of the factor and natural preventive hinder of the mansuetudo. And the children who are under the legal age are considered mindless human. And if they make a loss to other people properties or wealth, they will be questioned and the loss should be taken from their possession; and if the crime is done to others purposefully, the blood money should be paid from their own possessions and properties. In case they commit un-premediated murdering, their guardians or immediate family should pay the blood money.
But his actions and interactions have no validity or place in terms of sharia law, because he is lack of sense of understanding or digestion. Based on these reasons his promises, confessions, and business dealing are not accountable in according to Islamic law, even though he is given the permission to perform the aforesaid actions by his guardians.
But after reaching the age of discern, as it was said earlier, he is still considered incomplete mansuetudo, due to his immature wisdom and he is counted irresponsible in comparison with an adult who is responsible for his actions and interactions.
A person who is under-age, he is also not responsible for his sharia duties such as praying, fasting and other worshiping and religious practices. And it is possible that even after reaching the age of wisdom and puberty, because of some problems, temporarily, he still could not be responsible to perform his religious duties.
But regarding faith and believe in Allah (SWT) is a duty that counted into consideration, and is never ever could be excused in any circumstances.
But receiving and accepting the things which don’t hurt him or influence him negatively, such as giving or receiving presents or money from people or to charity, is allowable as long as he is not affected negatively in any ways. But if there is a threat of harm or loss in any form or any situation, physically or financially, in this case his guardian’s permission is absolutely required to be taken before doing anything.