نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 استادیار فقه و حقوق دانشگاه بین‌المللی مذاهب اسلامی، تهران، ایران.
2 دانشجوی دکتری فقه و مبانی حقوق دانشگاه بین‌المللی مذاهب اسلامی، تهران، ایران.
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
If a man announced the action concerning rejection of paternity in his marriage bed, it is called rejection of paternity (Arabic: نَفْی الْوَلَد) in jurisprudential terminology, and the relationship of that child from the father is negated by performing religious and legal formalities. According to the ruling of Shāriʿ (the Legislator) and because of the relationship between the father and the child, the father is exempt in some rulings (aḥkām, Arabic: أحْکام, plural of ḥukm, حُکْم), such as the punishment of murder, i.e., the father is not killed by killing the child. Now, the issue of the present study is that according to the jurisprudence of Islamic denominations (fiqh ʿalá al-madhāhib al- al-Islāmīyyah) and Iranian law, if the father kills the child after denying him, he will be punished with retaliation in kind (Arabic: قِصَاص, romanized: Qiṣāṣ, lit. is accountability, following up after, pursuing or prosecuting). The jurists of different schools of thought disagree with each other about qiṣāṣ or non-qiṣāṣ of the father, and this is not mentioned in Iranian law. According to Jaʿfarī jurists, if the father does not deny the action concerning rejection of paternity, he will have qiṣāṣ. However, if he denies himself after the action concerning rejection of paternity and before killing the child, the well-known Jaʿfarī believes that the closest idea is that the father will be killed. The father is not killed at all from the perspective of Ḥanafī, Mālikī, Ḥanbalī, and Shāfiʿī jurists (Arabic: فُقَهاء, romanized: fuqahāʾ). This research, which is a descriptive-analytical method, shows that if the father does not deny himself after the action concerning rejection of paternity, he will be punished for his own confession, and if he denies himself, he will not be punished for the existence of shubha (Arabic: شُبْهَة doubt, obscurity, or mis-grounded conceit), contrary to popular opinion.
کلیدواژه‌ها [English]
قرآن
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