I REFER to your report titled “PAS leader blames Health, Foreign Ministries for minister’s quarantine breach”.

It is outrageous for PAS spiritual leader Hashim Jasin to say Plantation Industries and Commodities Minister Mohd Khairuddin Aman Razali, who breached the 14-day quarantine compulsory for all returnees to Malaysia, has been maligned and that the fault lies in the Health and Foreign Ministries for failing to ensure the minister’s compliance upon his return from Turkey on July 7.

Even Islamic criminal law is based on the principle of individual responsibility. A person is punished for their own actions. But, there are circumstances where a person who has committed an offence is not responsible for the consequences. Some of these circumstances are linked to mens rea – the guilty mind – or its absence. For example, when the offence is committed by a minor or an individual of unsound mind.

Mens rea is imputed when an offender:

1) Has the power to commit or not commit the act – Muslim jurists call this qudra;

2) Knows that the act is an offence; and,

3) Acted with intent (qasd).

These are reasons why minors and the insane are not held responsible for the offences they commit. They are presumed to not know the unlawfulness of their actions. They also lack criminal intent.

The minister can’t be presumed to lack knowledge and criminal intent. Therefore, he is personally responsible for his decision to flout quarantine. – September 1, 2020.

* Hafiz Hassan reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.