A Reconsideration of the Evidences for the Legitimacy of the Death Sentence for Incest
Journal Title: فقه و اصول - Year 2016, Vol 48, Issue 105
Abstract
The right to live is a common human right, which is essential to every individual human being due to the inherent dignity of the human person. No one is allowed to take this right from another human being, and the transgression of this human law, which is also supported by the transcendent teachings of Islam, requires perfect reasons. Therefore, in case of uncertainty about whether to sentence an individual to death or not, one should observe the primary principle, that is, the illegitimacy of taking an individual’s life. Concerning the punishment for incest, what is considered to be the opinion of the dominant majority of the Imamite school is the necessity of the convicts’ execution, which is also reflected in the Islamic Penal Law. This view has been supported by the exterior of the traditional narratives as well as the consensus of the Shiite jurists. It seems, however, that the reasons put forward in justification of this punishment do not necessarily suffice. Our investigation of the related textual references, in the present study, shows the illegitimacy of execution as a prescribed punishment for incest.
Authors and Affiliations
Sayyed Mohammad Reza Emam, Seyyed Mohammad Hosseini, Seyyed Mahmoud Hal’Ata’Ee
Keywords
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- EP ID EP190685
- DOI 10.22067/fiqh.v48i25.41565
- Views 113
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