چکیده:
As stated in Article 630 of the Islamic Penal Code: “If a man sees his wife committing adultery with a stranger and knows that she is submissive, he can kill them at that moment.” This article is an incomplete interpretation of an issue in Imam Khomeini’s “Tahrir al-Wasilah.” Because the legislator only covered the part of the issue that is related to the world of ethics, They have dedicated it to Article 630 of the Islamic Penal Code and have remained silent about its legal part, which is the necessity of presenting witnesses to prove adultery. On the other hand, by drafting this article, instead of encouraging forgiveness and restraint, the legislator has encouraged individuals to murder! While such a problem is not tangible and evident in the words of the jurists; Because the jurists have based the principle on retribution in this issue, and in order to be acquitted of the charge of intentional murder that is subject to retribution, the husband must either bring a witness or have his guardian testify; but in Article 630 of the Islamic Penal Code, the principle is on the permissibility of murder in bed. In this article, in addition to stating the words of the jurists and analyzing the narrations, the legal problems of this article are stated and at the end of the article, a proposal for amending this article is presented.
خلاصه ماشینی:
Examination of the Jurisprudential and Legal Foundations of Killing in Bed (Marital Infidelity) Abdolkarim Golgoun 1 Abstract: As stated in Article 630 of the Islamic Penal Code: "If a man observes his wife committing adultery with a stranger and has knowledge of the woman's obedience, he may kill them at that moment.
However, in the words of jurists, such a tangible and obvious flaw does not exist; because jurists in this matter have based the principle on retaliation (Qisas), and for the spouse to be acquitted of the charge of intentional murder requiring retaliation, they must either bring witnesses or the next of kin must confirm it; but in Article 630 of the Islamic Penal Code, the principle is based on the permissibility of killing in bed.
There are many other narrations in this chapter that have served as the basis and evidence for jurists in issuing their fatwas, some of whose opinions in this regard are mentioned below: The View of Imami Jurists: Sheikh Tusi and Muhaqqiq al-Hilli have stated in the book Shara'i al-Islam fi Masail al-Halal wa al-Haram that whenever a husband finds his wife committing adultery with a man, he can kill both of them; although he has not committed a sin in the hereafter, he must be subject to retribution (Qisas) in appearance, unless he provides evidence (Bayyinah) for his claim or the heirs of the deceased confirm it.
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