Madness Contingence and its Effect on the Criminal Responsibility (comparative analytical study)

Madness is a disorder of the mind and its inability to carry out its function. One aspect of Allah’s mercy is that He did not charge the insane person as He charged the sane; if Allah took his bounty of mind, He would overthrow his necessity of punishment, but the insane person may impinge on others and harm them, and maybe he would impinge over Allah’s instructions through commiting what is forbidden. Undoubtdly, this would knock over criminal liaibility of him. Madness may be permanent or accidental ; the permanent madness is plain and evident while the accidental madness made a controversy between the dcotrines of Islamic law “sharia” after commiting a crime wether his responsibility of committing a crime would be overthrown or he would be considered sane at the time of committing the crime: in this case, his judgement would continue and he would suffer the assigned punishment being sane. The Syrian criminal law also had itsown view. This research is trying to answer these questions