Criminal Law and the Rights of the Child in Muslim States: A Comparative and Analytical Perspective

The British Institute of International and Comparative Law is currently carrying out a project on the Rights of the Child in Criminal Law in Iran and other Muslim States. This project aims at enhancing the implementation of non-discriminatory laws relating to children in Muslim States’ criminal justice systems through training, research and providing support to advocacy work.

This book will be the result of a comparative study on the age of criminal liability in Muslim States, aimed at providing strong material for advocacy and research on the subject. National Rapporteurs from Muslim and European States have participated in completing a questionnaire on the subject. The countries involved in the study are Afghanistan, Egypt, the UK, Iran, Malaysia, Nigeria, Spain, United Arab Emirates, and Pakistan.

It also features introductory chapters covering the history of child criminal law, and an introduction to Islamic criminal law as it relates to children, to place the study in context. Among other issues, the authors discuss:-

• The definition of 'child' in criminal law
• Rights for child offenders under international law (UNCRC, the Beijing Rules)
• Rights of the child under Islamic regional instruments
• Islamic law as it relates to child offenders
• The age of criminal liability
• The death penalty
• The role of the judiciary in criminal cases within Muslim jurisdictions

Theoretical and comparative research methods highlight that the position of Islamic law on the age of criminal liability and the legal rights of child offenders is nuanced, both through the way various ways Islamic criminal law is implemented, and the role of the judiciary in expanding the protection of juvenile offenders.