Criminal Responsibility and the Rights of Persons with Mental Disabilities: A Comparative Study of Islamic Fiqh and Pakistan's Legal System

Abstract

This study presents a comparative analysis of Islamic Fiqh and Pakistan’s legal system regarding the criminal responsibility and rights of mentally disabled persons. It highlights that Islamic law exempts individuals lacking sound intellect from criminal liability based on principles of justice, mercy, and absence of intention, while also emphasizing their dignity and social protection. Similarly, Pakistan’s legal system recognizes mental incapacity as a defence under statutory law, relying on medical and procedural assessments to determine criminal responsibility. Although both systems differ in approach. Islamic law being moral and welfare-oriented, and Pakistani law being procedural and evidentiary, they converge on the principle that mental incapacity negates criminal liability. The study suggests integrating Islamic ethical values with modern psychiatric legal standards to enhance protection and rehabilitation of mentally disabled individuals.