Jurisprudential Research on the Acceptance of Mother Retaliation or its Prohibition in the Islamic Penal Code

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Amin Sayyed Alireza

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: Legal Civilization Year:2022 | Volume:5 | Issue:11 Page(s): 319-336

Download Full-Text

Persian Verion

View:

140

Download:

Cites:

Information Journal Paper

Title

Jurisprudential Research on the Acceptance of Mother Retaliation or its Prohibition in the Islamic Penal Code

Author(s)

Amin Sayyed Alireza | Issue Writer Certificate

Keywords

Qisas

Intentional Killing of the Child by the Mother

Exclusion of the Father from Qisas

Attachment of the Mother to the Father in the Sentence of Non-Qisas

Abstract

The premeditated murderer is sentenced to retaliation according to the first principle. However, in Islamic law, the sentence of retaliation rests on conditions whose non-fulfillment is considered as an exception to this first principle. One of the exceptions to this general principle is the presumption that the killer is the father of the victim. The jurists agree on the ruling of no retribution on the assumption that the child is killed by the father,but the question of whether the sentence of non-retaliation is specific to the father and paternal grandfather or also to the mother is a matter of dispute. The famous Imams distinguish between the ruling of parents. The emergence of Article 301 of the Islamic Penal Code adopted in 2003, which, following the popular view, considers the murderer to prevent retaliation, is that the mother retaliates against the murder of her child. On the other hand, Ibn Junaid and the Sunni jurisprudential sects other than Maliki, in addition to the father, also consider the ruling of no retaliation against the mother. This study, by evaluating the arguments of the parties, seeks to prove the strength of the well-known opposite theory, according to which the mother, like the father, is one of the exceptions to the sentence of no retribution.

Cites

No record.

References

No record.

Cite

APA: Copy

Amin, Sayyed Alireza. (2022). Jurisprudential Research on the Acceptance of Mother Retaliation or its Prohibition in the Islamic Penal Code. LEGAL CIVIZILATION, 5(11 ), 319-336. SID. https://sid.ir/paper/1017449/en

Vancouver: Copy

Amin Sayyed Alireza. Jurisprudential Research on the Acceptance of Mother Retaliation or its Prohibition in the Islamic Penal Code. LEGAL CIVIZILATION[Internet]. 2022;5(11 ):319-336. Available from: https://sid.ir/paper/1017449/en

IEEE: Copy

Sayyed Alireza Amin, “Jurisprudential Research on the Acceptance of Mother Retaliation or its Prohibition in the Islamic Penal Code,” LEGAL CIVIZILATION, vol. 5, no. 11 , pp. 319–336, 2022, [Online]. Available: https://sid.ir/paper/1017449/en

Related Journal Papers

No record.

Related Seminar Papers

No record.

Related Plans

No record.

Recommended Workshops