عنوان مقاله [English]
Slander, defamation or improper attribution of criminal behavior to others, sometimes targets the honor and dignity and sometimes the social reputation of individuals. Hence, criminal law protects the people whose reputation has been attacked and tries to restore the lost balance and peace to the society by prosecuting and punishing the calumniator. The criminalization history of defamation in Islamic law dates back to the beginning of Islam, and sexual defamation has been considered a reprehensible and punishable behavior under the title of Ramy or Qadhf (Surah Al-Nour: 4, 23). Although in terms of the content and nature of the above verses, it seems that the meaning of the word al-muhsanat (الْمُحْصَنَاتِ) is chaste women and necessarily living women, but in recent years the legislator has defended the honor and reputation of the dead and has considered Qadhf against the dead as a sexual slander for the living people, as a reason for severe punishment (Article 245 of the Iranian Civil Law). Irrespective of the cases of falling of the Qadhf punishment, due to ithbat (proving) tasdiq (acknowledgment), li‘an (curse) or forgiveness by the defamed, which in at least the former three cases, the dead person cannot play any role, and therefore, the possible claim of the slanderer that he is legitimate in slandering cannot be refuted or proved, despite the predominance of the private aspect of this crime, as well as the incompetence of the dead person in exercising the right according to the principles of jurisprudence and civil law, raising such a crime is fundamentally flawed. In this article, we analyze the jurisprudential and legal principles and documents of the generalization of Qadhf to the world of the dead, the dominance of its private aspect and the mechanism of inheritance of Qadhf to the survivors of the dead in the opinions of Shiite and Sunni thinkers.