نوع مقاله : مقاله پژوهشی
عنوان مقاله [English]
One of the most important juridical subjects is the retaliation of parents for the intended murder of their bairn. This subject has been discussed in Islamic religions. The Islamic religions' jurists have two different opinions in this subject: first; the majority of Sunnis (Hanafi, Shafe'i and Hanabeleh) and Imami (the famous opinion) believe in the non-retaliation of father and the most important proof of this opinion is the tradition of "father will not retaliate for his bairn". Second; Malekiyah and some of other Muslim jurists believe in the retaliation of parents. Among the proofs of this later opinion we could offer to the generality of the proofs of the retaliation. One of the related matters to the father's retaliation is the difference between the punishment of father and mother which only Imamiyah and Ahmad believe and other religions do not believe. Article 220 of the Islamic Punishment Act generally accepts the opinion of the majority of Sunnis and Imamiyah and in the matter of the difference between the punishment of father and mother accepts the opinion of Imamiyah. It seems the punishment of parents for the intended murder of their bairn is following the conditions of the murder. So if the murder happened in an unjustifiable condition and there was not any misgiving or doubt in it we should believe in the punishment of retaliation for them because of "the corruption on the earth". But if the murder happened in other conditions, the punishment of retaliation will not be applied.