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
Related Articles
- EP ID EP190685
- DOI 10.22067/fiqh.v48i25.41565
- Views 121
- Downloads 0
A Deliberation on "Repetition of Crime" in Imāmī Jurisprudence and Iranian Law
reasons for intensification of punishment in Islamic penal system is of great importance, since designating a punishment proportionate to the perpetrated crime will lead to the observance of human and Islamic principles,...
Examining the Relation between Ladies' Covering and Family Consolidation in Religious Doctrines
Men and women keeping company and formation of a family take place with different motives, one of which is fulfillment of sexual needs; however, using the term sukūn (tranquility), the Holy Qur’ān while promoting the fam...
The criterion fatwa in legislation within the legal system of Islamic Republic of Iran (Another look at Superior Knowledgeability in the Shia state fiqh system)
Undoubtedly, legislation in any governmental system is based on its intellectual – philosophical foundations and special ideology. Hence, in an Islamic society, religious rules must be criteria of legislation in order to...
Critique and Study of the Reasons for the Widely Known Viewpoint on the Ritual Impurity of the Unbelievers’ Underage Children
One of the issues that has been more or less discussed among jurists and has followed by some discourses has been the innate impurity of the unbelievers’ underage children. The Sunni jurists believe in the cleanliness (ṭ...
Shī‘ī Versified Jurisprudence in the Last two Centuries
One of the methods of the past scholars for better and faster learning of sciences has been the versification of scientific material. This type of poetry is called ta‘līmī (didactic) in technical terms. Many scholarly ma...