Exemption of father from retaliation in the intentional killing of his child in Iranian criminal law and its judicial study

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Abstract
The principle and primary judgment of intentional murder is retaliation. One of the exceptions of this general principle is the murder of the child by father. This issue has been taken into consideration in religious jurisprudence and Iranian criminal laws. Whether this judgment is peculiar to father and grandfather or involves mother is disputed. The elements which constitute this institution, are the legal material and moral elements in Iranian criminal law. There are two different views regarding the bases of exception of father from retaliation, but the reasoning of the proponents seems to be more logical and acceptable. In shi’as jurisprudence for exception of father from retaliation in murdering the child’ the invoke has been made to evidences: A) book (Quran) B) traditions C) words of Islamic jurists. There are disagreements among the jurists that whether the grandfather or mother joins the exception of father from killing the child. The majority new to the consensus has accepted the joining of grandfather to the exception judgment and regarding the joining of mother to the exception judgment there is a serious disagreement among which the view of proponents of joining seems to be more logical.

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Journal of Studies in Islamic Law & Jurisprudence
Volume 2, Issue 2
September 2010
Pages 95-121

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