الحماية الجنائية للطفل في ضوء القوانين العمانية مقارنة بالشريعة الإسلامية /
This study addresses the issue of legal protection of criminal offences against a child irrespective whether he is the victim, offender or exposed to delinquency. As such, the aim is to compare Omani laws with Islamic law. In doing so, the study finds that Omani law pay due attention to various area...
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| Format: | Thesis |
| Language: | Arabic |
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| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/8135 |
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| Summary: | This study addresses the issue of legal protection of criminal offences against a child irrespective whether he is the victim, offender or exposed to delinquency. As such, the aim is to compare Omani laws with Islamic law. In doing so, the study finds that Omani law pay due attention to various areas that provide legal protection for children but they are unavailable in a single place. Also, the laws provide for child protection where the child is a victim except that no special rule requires the enactment of child protection. This is because sometimes, the provisions under the laws may provide direct expression on child protection by giving special consideration to age, critical condition of the injury the child experiences due to his lack of understanding and inability to distinguish the real matter of some cases, which cause violation of rules, being exploited and cheated in other cases. Therefore, the legislator does not impose punishment on a young child should he commit an assault. Perhaps the reason is that the punishment imposed on assault aimed at realizing the communal interest and both special and general deterrence may be deemed necessary from the circumstance surrounding the case. More importantly, the study views that this should not preclude due attention to the condition of the child (the victim). This is because the assault against a child may affect his psychological, health and social life. This may require serious punishment on the offenders and a compensation for the damage arises as a result of the assault. In this regard, the country should provide financial supports in case the offender is in a state of insolvency. With regard to the child offence and exposure to danger, the Omani laws regulating criminal offences provide a number of substantive and procedural laws for child protection in general. However, this matter needs special procedural provisions different from an adult. The provisions should be given careful study at all levels of the cases before and after the judgment. In addition, there is need to reform judicial system concerning the cases of juveniles. |
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| Physical Description: | [xvii], 356 leaves : illustrations ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 300-356). |