Mental Maturity as a Shart-e Moqtabes: In the Necessity of transition from Mental Maturity as a Shart-e Mostaqel

In Imami Shi’i fiqh, Roshd-e Keyfari[1] is not considered as one of the conditions of criminal liability, but at the same time, some contemporary foqaha[2] have considered it necessary to carry out the punishment provided that necessary limitations are considered; that is, some parts of it are accepted. In the Islamic Penal Code in 1392 (Solar Hijri), in the chapter on criminal liability conditions, the legislature does not refer to the conditions of roshd-e keyfari, but his position in Articles 88, 89, and 91, is such that it refers to the conditions of roshd-e keyfari for gradation of  full criminal liability. These inconsistencies have led many researchers to disagree on the legitimacy and nature of roshd-e keyfari, and thus everyone has taken a different aproach. It is possible that this Gordian knot can be solved by separating the two areas of “mental maturity as a shart-e moqtabes[3]” and “mental maturity as a shart-e mostaqel[4]”. Therefore, in this article, while referring to the opinions of foqaha and the procedure of the legislator’s codification of law, mental maturity is recognized as a condition arising from reason and science, and as the result of their conceptual development, and so by establishing a solid foundation, the weak and strong points of the Islamic Penal Code in its efforts in relation to mental maturity will become clear.