Review of Insanity in Shi’a and Sunni Jurisprudence with an Insight into the Islamic Penal Code

The removal of penal accountability for insane, while insanity covers a wide range of meaning, is a definitive principle both in jurisprudence and Islamic positive law. Elaboration on the jurisprudential and legal concept of insanity is of utmost significance due to various usages of insanity and its vague relation to similar terms like: lunatic, idiot, foolish, silly, etc. which is the aim of the present text .The outcome of contrast between Shi’a and Sunni jurisprudence with descriptive, comparative and interpretive approach would result in graded meaning of insanity which has two key features: disorder and defect of reason. Penal code also takes up jurisprudential definition and interpretation of insanity that is the very lack of perception and discernment faculty in the scope of committed crime and thus provides the executor of Islamic law with definite criteria for judging about mental disorders. Therefore, mental disorders with different levels which falls under jurisprudential subject of insanity will be exonerated from both penal accountability and receiving punishment.