Jurisprudential research on the need to refer to the ruler in the matter of Article 630 Islamic Penal Code "Rereading the evidence of the verdict of murder in bed"

Document Type : Original Article

Authors

Kharazmi University

Abstract

Murder in bed is when a couple sees their wife committing adultery with a stranger and the couple commits the murder of one or both of them. The first principle in jurisprudence and subject law is that the execution of the punishment on another person is by referring to competent courts and by the ruler, but there is an exception in this case, that is, the legislator has given this authority to the husband in the case of murder in bed, if the wife is seen He should kill strangers who are committing adultery without investigating the aspects of the matter and without referring to the ruler. The main reason for this provision is hadiths. It seems from rereading these narrations, it appears that in all cases; Some kind of research is necessary and the actual language of the narrations refers to the need for the couple to refer to the ruler before the execution of the sentence. In addition, this claim is based on ijtihad evidence such as the necessity of establishing limits by the imam or the ruler, the necessity of verifying the reluctance and coercion of the wife or the stranger, the task of proving this issue and presenting four just witnesses, the principle that killing a stranger is not justified, the conditionality of the permission to kill and abuse This ruling also helps you. This research, with a critical view of the famous theory, has proved the necessity of referring to the ruler in the issue of murder in bed through rereading the traditions and evidence of ijtihad.

Keywords

References

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Journal of Studies in Islamic Law & Jurisprudence
Volume 15, Issue 30
June 2023
Pages 147-176

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