“... . Till he reaches puberty , and a lunatic till he is restored to consciousness.” ‘Umar then began to utter: Allah is most great.
Hadith Commentary: Prescribed Punishments (Kitab Al-Hudud)
This narration from Sunan Abi Dawud 4400 states that legal punishments (hudud) are not applied to minors until they reach puberty, nor to the insane until they regain sanity. The great companion 'Umar ibn al-Khattab responded with "Allahu Akbar" (God is Greatest) upon hearing this ruling.
Legal Wisdom Behind the Exclusion
Classical scholars explain that hudud punishments require full legal responsibility (taklif), which necessitates puberty and sound mind. Minors and the insane lack the intellectual and spiritual maturity to comprehend the gravity of prohibited acts.
The Hanafi school emphasizes that this protection extends to all fixed punishments in Islamic law, preserving divine justice while recognizing human developmental stages.
'Umar's Proclamation of Allahu Akbar
The great companion's exclamation signifies recognition of divine wisdom in this legislation. Scholars note it expresses awe at Allah's mercy in exempting those incapable of full responsibility, demonstrating Islam's balanced approach to justice.
Ibn Qudamah al-Maqdisi comments that this shows the companions' immediate acceptance and admiration for divinely revealed rulings that harmonize justice with compassion.
Educational and Reformative Measures
While exempt from hudud, classical jurists prescribed alternative disciplinary and educational measures for minors. Al-Shafi'i recommends appropriate non-punitive correction to instill moral consciousness.
For the insane, guardians are responsible for protection and treatment until recovery, after which religious obligations resume gradually according to capability.