Jurisprudential and Legal Analysis of the Condition of Growth in Criminal Issues

Due to different opinions on the characteristics of growth in Islamic jurisprudence, analysis and interpretation of such opinions seems inevitable and essential. Considering such a necessity, the present paper has attempted to clarify the concept of growth, mechanisms of determining growth and the relationship between growth, maturity and wisdom. The paper has also addressed the significance of growth in civil and criminal issues and defined concepts such as perfection of wisdom on the basis of Islamic jurisprudence. The paper has ultimately dealt with foundations and evidences of necessity of determining growth in the fulfillment of criminal liability. The findings indicate that growth and maturity are two different concepts. Growth is the outcome of perfection of wisdom and intellect while maturity is the outcome of perfection of body and physical abilities. Hence, the criterion for the fulfillment of liability (civil and criminal) should be growth rather than maturity. Furthermore, rational evidence shows that criminal issues are much more important than financial issues, so determining growth in criminal affairs is as significant as determining it in financial issues.