In the Name of Allāh,

the Entirely Merciful, the Especially Merciful

Praise is due to Allāh, Lord of the worlds, may the blessings and peace be upon our master Muḥammad, the last of prophets, on his family, and all his companions.

Resolution No. 168 (6/18)

Definition of the Age of Puberty and its Implications on Obligations

The Council of the International Islamic Fiqh Academy of the Organization of the Islamic Conference, holding its 18th session in Putrajaya, Malaysia, on 24–29 Jumādā al-Ākhirah 1428h (9–14 July 2007),

Having examined the research papers submitted to the Academy concerning the Definition of the Age of Puberty and its Implications on Obligations,

Having listened to the discussions on the subject,

Having recalled that sound mind is a prerequisite for responsible actions and charges and that a child is not addressed with Shariah discourse until he reaches a stage of mental capability and full awareness and rational perception, Having considered that there are specific bodily signs which indicate reach- ing such stage and that, in the absence of such indicative signs, resorting to setting a given age is Shariah-compliant; while in matters of penal punishment, the Shariah requires additional precautionary measures of “avoiding a verdict

of penalty if there exists a least doubt,”

Resolves

First: The age of seven is the “age of distinction” that comes before the age of puberty before which transactions of a child are void. However, after the “age of distinction,” the financial transactions of the child are: Transactions of absolute benefit to the child, these are considered valid, transactions that range between benefit and harm, these are subject to approval by the child’s guardian, and transactions that are absolutely harmful, these are null and void.

Second: Because the age of puberty is closely connected to the growth of the body to a particular stage wherein full awareness is reached, physical bodily signs are the natural indicators of puberty, or by completing the age of fifteen with regard to worshipping obligations, whereas for financial and penal matters the government has the right to set the age of puberty in view of public interest and the surrounding circumstances.

Third: A child below puberty age should not be subjected to any penalties for major crimes that are mentioned in the Quran (Ḥudūd and Qisās). Alternatively,

he or she may be penalized based on Ta’zīr (disciplinary punishment), which is left to be decided by law (of the state) in a way that takes into consideration the age stage of the child.

Fourth: The child below puberty age is not relieved from the financial liabil- ity when he causes damage or payment of diyah as stipulated by Shariah when he commits accidental homicide.

Indeed, Allāh is All-Knowing.