Forensic Psychiatry in Islamic Law
Forensic psychiatry, as a specialized field at the intersection of psychiatry
and law, contributes to the fair and effective functioning of the
justice system by integrating the psychological dimensions of human
behavior into legal processes. While the institutionalization of forensic
psychiatry as an independent discipline occurred relatively late in
Western legal systems, its foundations were established in the Islamic
legal tradition from early periods, finding both theoretical and practical
expression. Indeed, in Islamic legal doctrine, reason, will, and the capacity
for discernment (tamayyuz) are considered fundamental prerequisites
for religious, civil, and criminal responsibility. The legal capacity
(ahliyyah) of children and individuals with impaired mental faculties
is extensively addressed in classical fiqh literature. This study aims to
comparatively examine the points of convergence and divergence between
the foundational principles of modern forensic psychiatry and
the classical theories of legal capacity in Islamic law. It further seeks
to analyze the normative frameworks found in contemporary legal systems
of Muslim-majority countries concerning the responsibility of individuals
in childhood or with neuropsychiatric disorders. The research
adopts a methodological framework that includes textual analysis of
classical fiqh and usul texts, systematic interpretation of historical codifications,
and normative analysis of modern forensic psychiatric practices
within legal contexts. In this respect, the study offers an interdisciplinary
perspective that bridges the conceptual structure of Islamic law
with the analytical tools of modern forensic psychiatry. It addresses the
role of mental competence in determining legal capacity, culpability,
and criminal liability in a multi-dimensional manner. The work thus
aspires to serve as a distinctive reference source contributing to the
intersection of classical Islamic jurisprudence, contemporary law, and
psychiatric sciences.
Keyword: Islamic Law; Forensic Psychiatry; Neuropsychiatric Disorders;
Legal Capacity (Ahliyyah); Criminal Responsibility