ABSTRACT
The law concerning participation in criminal offences is a key measure of a legal system's fairness as it involves difficult balancing of moral culpability with the extent of punishment in cases with multiple offenders, who may have played vastly different roles in the criminal endeavour. This challenge is made more difficult in the context of Islamic Criminal Law, as there is no united, coherent set of rules to which one could refer when defining the rules as to liability and sentencing of participants. At that point the author discusses the criminal liability of those who directed the offence committed by the corporate entity. It has been described as follows: The core element of functional perpetration is that an individual who has not perpetrated the offence personally in the physical sense can nevertheless be regarded as the perpetrator, because that person is responsible for the action.
