Jurisprudence

Jurisprudence

Ignorance of a Non-Criminal Ruling Related to a Criminal Judgments

Document Type : Original Article

Authors
judge
Abstract
This research examines the effect of ignorance of the law on non-criminal rulings, since the subject of criminal rulings has already been addressed. The main question of this study is how ignorance of the law affects non-criminal rulings. The hypothesis is that ignorance related to a non-criminal ruling concerns ignorance of the subject matter rather than ignorance of the law. The objective is to demonstrate, by relying on the Islamic Penal Code of 2013, that although ignorance of the law may, in some cases, affect criminal rulings, it is in principle not a cause for the removal of criminal responsibility. Rather, ignorance of non-criminal rulings is discussed within the framework of the elements and conditions of criminal responsibility, and in some instances, as part of the mental element of the crime, it may prevent the realization of criminal responsibility.

By examining Article 155 of the Islamic Penal Code of 2013, the legislator has attempted to establish a general rule regarding the impact of ignorance on criminal responsibility, while Article 144 of the same law explicitly addresses ignorance of the subject matter of criminal rulings and recognizes it as a barrier to criminal responsibility. According to the prevailing opinion, in cases such as ignorance of Article 2 of the Civil Code, the legislator has not made a distinction between ignorance of criminal law and ignorance of other laws whose enforcement affects criminal rulings. These views emphasize that absolute ignorance of the law does not affect criminal responsibility, whereas ignorance related to non-criminal rulings, by nature, falls under ignorance of the subject matter of criminal rulings. Conversely, ignorance of criminal rulings does not fall under the category of ignorance of the subject matter.
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Articles in Press, Accepted Manuscript
Available Online from 04 February 2026

  • Receive Date 30 October 2025
  • Revise Date 08 January 2026
  • Accept Date 02 January 2026