An Investigation into the Validity of Couples Deprivation of "The Right to Qisas"

zahra feiz
2019 Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī  
In spite of the notorious jurisprudential view that the inheritance of the right of retribution for couples is reserved for other heirs, the legislator, in Article 351 of the Criminal Code, considers that the couples are deprived of this right. It seems that most of the Imams have been sentenced to this ban only by citing and relying on the reason for the consensus without considering that the sentences were influenced by the pre-Islamic Arab community.The present study, while criticizing the
more » ... ason for the alleged consensus and other arguments for the exclusion of couples from the right to qisas, has proven that the validity of the alleged consensus has not been proved and is not capable of coping with publicity and communication; and, accordingly, the said evidence to exclude couples from The right to retaliation is not sufficient and, based on evidence such as the signature of the reprisal sentence and the changes in the status of couples from the time of the decree to the present, prove the couples' equal status with relative relatives in enjoying the right of retribution;
doi:10.22054/jclr.2019.37432.1801 doaj:f0a11c3f6f554d3b900c71ee352d6116 fatcat:kvombn2b6bdl7l5zp2tvgcvhaa