Prevention of Delinquency of Trainees with Mild Mental Retardation from the Perspective of Islamic Jurisprudence

Today, attitudes such as considering people with mild symptoms of mental retardation and those with borderline intelligence as criminals by nature, is unacceptable and rejected. However, because crimes are registered in their names and in view of the strength of the risk factors, it is undoubtedly necessary to address in a special and detailed way the criminological issues of this group, especially delinquencies. In this article, which is qualitatively-inferential and based on library sources, the arguments of the proponents and opponents of the necessity of dealing with this matter have been brought up and discussed with emphasis on the duty of parents and those in charge of education and rehabilitation. Arguments such as the small number of these people in the society, the lack of criminal responsibility and the ineffectiveness and costliness of the measures have been seriously criticized and considered unacceptable. On the other hand, positive arguments such as the verse of prevention, the verse of "no harm" (lā tuḍār), the verses indicating the promotion of the good and the prohibition of the evil, as well as narrations such as the principle of no-harm (lā ḍarar) and rational reason have been presented on the necessity of studying and acting to prevent mentally retarded trainees from committing delinquencies.