The Lack of Legal Capacity and Its Impact on Criminal Actions: A Jurisprudential Study on Insanity and Mental Illness

Abstract

   Praise be to Allah, the Lord of All Worlds, prayers and peace be upon our generous prophet and be upon his family, his companions and who follows them till the Day of Judgment, after that,,

Islam is concerned with the mental and psychological health of Muslim individual and has made it one of the five necessities that must be preserved: Religion, mind, self, offspring and money. Islamic Shari 'a called on the individual to preserve his mind in order to benefit himself and others. It also called on him through legitimate texts to refine oneself and rid it of the dirt and evils. Therefore, mental and psychological health is one of the highest objectives of Islam because it plays a role in the reform and rehabilitation of the individual for the service of society. Any mental and psychological health defects are harmful to the individual and society and graduating it from the commissioning service or diminishing its mandate, as this subject is of great importance in determining the legislator speech and its attachment to the actions of the taxpayers, the jurists have given some attention to this subject to the acts of the person in charge .

The research was divided into an introduction, two chapters, a conclusion, an index of sources and references, chapter I: eligibility. In which it is investigated, chapter II: mental illness, and the cases in which it intervenes. It has an investigation, a ring, an index of sources and references.