Critique of the Authenticity of the Evidences on Couple’s Deprivation from the Right to Qiṣāṣ in Jurisprudential Texts and Statutes
Journal Title: فقه و اصول - Year 2017, Vol 49, Issue 108
Abstract
Right to qiṣāṣ belongs to the heirs of the deceased, that is to those who are regarded as the legal heir of the murdered and the principle is: “Whoever inherits the property of the deceased, inherits the right to qiṣāṣ, too.” Nevertheless, there is an exception to the above law, i.e., the husband and the wife do not inherit qiṣāṣ. Article 351 of Islamic penal code ratified in 1392 sh. denotes this issue. The main reason that is mentioned for it is the jurists’ consensus. In this article, by examining this reason and other reasons brought up in this respect, we intend to prove that these reasons are not sufficient for deprivation of the right to qiṣāṣ and the exception of the couple from the above principle; rather, the couples must be maintained to enjoy the right to vindicate the right to qiṣāṣ, just as other inheritors do.
Authors and Affiliations
Omolbanin Allahmoradi
Keywords
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- EP ID EP191165
- DOI 10.22067/fiqh.v0i0.36233
- Views 135
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