STUDY OF THE POSSIBILITY OF FATHER’S RETRIBUTION BY THE CHILD IN CASE OF MURDERING MOTHER

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LOTFI ASADULLAH; SOHRABI NEJAD BAHRAM; SOHRABI NEJAD FOROUZAN

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Journal: FIGHE MOQARAN Year:2017 | Volume:5 | Issue:9 Page(s): 125-150

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Title

STUDY OF THE POSSIBILITY OF FATHER’S RETRIBUTION BY THE CHILD IN CASE OF MURDERING MOTHER

Author(s)

LOTFI ASADULLAH | SOHRABI NEJAD BAHRAM | SOHRABI NEJAD FOROUZAN | Issue Writer Certificate

Keywords

MURDER

FATHER’S RETRIBUTION

CANCELLATION OF FATHER-CHILD RELATIONSHIP

MOTHER’S AVENGER OF BLOOD

Abstract

The punishment of father in the case of the MURDERing his child is forbidden, and this issue is accepted by all jurists, as well as announced by the Article 301 of the Islamic Penal Code. But sometimes, father makes a crime against someone who is the avenger of blood for the victim, and in fact the child is not directly subject to the crime. However, the child finds the right of “Qisas” against his father for his crime against his wife. In this case, There is a dispute between jurists whether the child can claim Father’s Qisas or not. In this regard, a group of jurists, based on reasons such as prioritization analogy and the narration of “Father cannot be punished for MURDERing his child” and the narrations about Qadhf, believe in impossibility of punishing father. The other group rejects the arguments cited by the first group and considers this a subject under general indications of Qisas. In this article, reasons for both groups of jurisprudents have been discussed. According to the study of the documents of the two groups, the theory of the possibility of FATHER’S RETRIBUTION can be defended.

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APA: Copy

LOTFI, ASADULLAH, SOHRABI NEJAD, BAHRAM, & SOHRABI NEJAD, FOROUZAN. (2017). STUDY OF THE POSSIBILITY OF FATHER’S RETRIBUTION BY THE CHILD IN CASE OF MURDERING MOTHER. FIGHE MOQARAN, 5(9 ), 125-150. SID. https://sid.ir/paper/267032/en

Vancouver: Copy

LOTFI ASADULLAH, SOHRABI NEJAD BAHRAM, SOHRABI NEJAD FOROUZAN. STUDY OF THE POSSIBILITY OF FATHER’S RETRIBUTION BY THE CHILD IN CASE OF MURDERING MOTHER. FIGHE MOQARAN[Internet]. 2017;5(9 ):125-150. Available from: https://sid.ir/paper/267032/en

IEEE: Copy

ASADULLAH LOTFI, BAHRAM SOHRABI NEJAD, and FOROUZAN SOHRABI NEJAD, “STUDY OF THE POSSIBILITY OF FATHER’S RETRIBUTION BY THE CHILD IN CASE OF MURDERING MOTHER,” FIGHE MOQARAN, vol. 5, no. 9 , pp. 125–150, 2017, [Online]. Available: https://sid.ir/paper/267032/en

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