نوع مقاله : علمی و پژوهشی
نویسندگان
1 استادیار گروه حقوق اسلامی، دانشکده حقوق قضایی، دانشگاه علوم قضایی و خدمات اداری، تهران، ایران
2 استادیار گروه حقوق جزا و جرم شناسی، دانشکده حقوق، دانشگاه علوم قضایی و خدمات اداری، تهران، ایران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
One of the conditions for Qesas according to well-known Imami jurists and the majority of Sunni juristsis the absence of a father-son relationship between the killer and the victim. This means that if a father commits the murder of his child, he will not be Qesas against. However, if the child born is the result of an illegitimate relationship between a Muslim man and a Muslim woman, the Shariah relationship between that father and his child is ruled out. Due to the lack of this Sharia assignment, if the adulterer intentionally kills the child, the question arises as to what the lawgiver's ruling is regarding his punishment. the result of the present research, which was carried out by a descriptive and analytical method and based on the analysis of Sharia evidence and the opinions of jurists, indicates that although Well-known Imami jurists and majority of Sunni juristsis have considered the non-execution of the Qesas of the father as dependent on the existence of a religious relationship between him and the child, but it seems that the adulterer can also benefit from this privilege. Because this privilege has been assigned to the title of the father and this title also does not have Sharia truth. And as long as the holy lawgiver has not considered a ruling dependent on the existence of a religious relationship between a father and a child, the adulterer, who becomes a father according to custom, cannot be excluded from this privilege.
کلیدواژه‌ها [English]
)
ارسال نظر در مورد این مقاله