Penalty of Father in the Child Murder

Subject Areas : All jurisprudential issues

Aliakbar Ezadifard ¹ , Muhammad Muhsini Dihkalani ² , Amin Yusifi ³

1 - استاد دانشگاه مازندران، گروه حقوق خصوصی، مازندران، ایران
2 - استادیار دانشگاه مازندران، گروه فقه و مبانی حقوق اسلامی، مازندران، ایران
3 - دانش‌آموخته‌ی کارشناسی ارشد دانشگاه آزاد اسلامی، واحد بابل، رشته‌ی فقه و مبانی حقوق اسلامی، بابل، ایران

Received: 2014-10-15 Accepted : 2014-10-15 Published : 2011-03-21

Keywords: Father, child, Murder, Penalty, Retaliation, war,

Abstract :

According to explicit verses of Quran (Isra', 31; The Cow, 178-179)main penalty for murder is retaliation. But based on Islamicjurisprudence, if the father murders his child, he won’t be retaliatedaccordance to demands of reasons. In this paper, main question iswhether reasons of non-murder is assigned to retaliation or divesteddeath penalty from him absolutely (even in the face of other crimesof killing children by parents like attack and war)? For example, ifthe murder of child is in the form of war and corrupting on earth,will the father be sentenced? This issue is reflected less injurisprudential views and the jurists have written about it less.Legislator has been silence in this case too. However, cannot bedenied the generality of this phenomenon in society. Consideringthe above instances and article 167 (The judge is bound to endeavorto judge each case on the basis of the codified law. In case of theabsence of any such law, he has to deliver his judgment on the basisof authoritative Islamic sources and authentic fatawa. He, on thepretext of the silence of or deficiency of law in the matter, or itsbrevity or contradictory nature, cannot refrain from admitting andexamining cases and delivering his judgment) thoroughlyinvestigate the subject seems necessary. The chosen view of authorsin this paper is existence of legitimacy of this penalty relying onreasons and argues and claims. This article reflects the authors’efforts and explaining the chosen theory.