ABSTRACT
Due to the fact that the principle of fairness underscores the approach of Islamic judges when considering the defences, the merits of all pleadings will be considered equally under Islamic law. It is also vital to understand that when dealing with jurisdictions that follow Shari'a. Mistakes, or Shubha, becomes a recurring theme when discussing general defences available under Islamic criminal law, not only as a general defence but also in terms of transferring defences and forming a part of another available defence such as self-defence or provocation. An exception to this requirement however is the defence of intoxication. The defence of insanity involves significant questions regarding the mental capacity, and therefore intent, of the accused; under Islamic law there is no duty or punishment for the insane. Under Islamic law, minors reach the age of criminal responsibility on reaching puberty whereby they are considered adults with full understanding.
