نوع مقاله : مقاله پژوهشی
نویسندگان
1 دکتری فقه و مبانی حقوق اسلامی دانشکده الهیات دانشگاه سیستان و بلوچستان
2 دانشیار گروه فقه و مبانی حقوق اسلامی/ دانشگاه سیستان و بلوچستان/ زاهدان / ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
A
ccording to paragraph (b) of Article 422 of the Islamic Penal Code, “adultery (Zinā, unlawful sexual intercourse) with the spouse of the father” results in the execution of an adulterer (fornicator, the man guilty of adultery). This law is based on the
famous fatwa of the Imami jurists, who, after stating a sub-theme on the subject of “incest” -as one of the factors to prove the fixed punishment of (hadd) murder- introduced a second sub-theme on the subject of “adultery with a father’s wife” (Zinā, unlawful sexual intercourse with the spouse of the father) and it is also considered as another proof of the hadd (the fixed punishment) of murder. Of course, in the statements of the jurists, sometimes the secondary matter is stated as one of the examples of the first matter and sometimes as one of the independent and separate factors, while basically it seems that the determination of the death penalty for such a crime is not definite; Because some other jurists in a contradictory theory, do not consider this act to be punishable by death. Therefore, it is necessary to see what the reason of the jurists and the law on the death penalty in this regard is. This research, which has been done by descriptive-analytical method, shows that the basis of this view and law is a special narration that can be questioned; because in addition to the jurists denying from a part of it and criticisms of it, sharia and law are also based on absolute prudence about blood. The rule of warding off (Adriwuu alhudud bialshabahat, Ward off the fixed punishments on the strength of shubha as much as you can) and the presumption of innocence rule and principle of continuity also confirm the irrevocability for caution (prudence) in blood and also the irrevocability to protect the respected population. Therefore, it seems appropriate to remove paragraph (b) of Article 224.
کلیدواژهها [English]
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