Schizophrenia as a Defense in Crime: A Comparative Study between Islamic Law and Malaysian Law

Abstract

Mental Health refers to the problem of physiological and spiritual. The emptiness of soul and furious with the challenges of life and without a strong devout to Allah will make an individual suffer the mental and physical illness. The researcher stated that, defense of schizophrenia and is not responsible for criminal conduct if, at the time of such conduct, as a result of a serve mental disease or defect, he was unable to appreciate the nature and quality or the wrongfulness of his act. This is because willful intent is an essential; part of most offenses that is insane is not capable of forming such intent. The study sought to defense of schizophrenia in crime cases, with the based on Mental disease or defect does not defense of schizophrenia by clear and convincing evidence. To gather the data, the writer used the method of Library research. The researcher found that the punishment will not impose to the insanity even their action was forbidden in Islam.