Paper Information

Journal:   CRIMINAL LAW DOCTRINES   fall 2016-winter 2017 , Volume - , Number 12 #l00561; Page(s) 65 To 90.
 
Paper: 

The Analysis of Islamic Jurisprudential and Legal Perspectives about Killing in Ferash (Marriage Bed)

 
 
Author(s):  ELHAM GHOLAM HOSSEIN, abdian mohammad reza
 
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Abstract: 
The issue of killing in Ferash (marriage bed) has been presented in Article 630 of the Islamic Penal Code (1375) (if any man catches his wife having sexual intercourse with another man and is sure that she is not being raped can kill them both… ). Besides it is mentioned in the legal system, fuqaha (Islamic jurists) have regarded it from long time ago. Some of them have believed that killing is absolutely lawful in Ferash, some other of the fuqaha have believed that it is absolutely forbidden. From the other side, a finite group of fuqaha has said that the killing is lawful if it is happened when they (both the married man and the married woman caught in extramarital relationship) are adulterers. The law scholars have presented their agreement or disagreement about this subject with legal reasons. Meanwhile, stating the different opinions on killing in Ferash (marriage bed) in this paper, with considering and deep contemplation, it is resulted that it is necessary to have a new and detailed attitude towards this issue which it should have more harmony with the documentation for the presented matter and criminal law principles. At the end of this view, it follows two out comings which are: 1. It is unlawful for husband to kill his wife in the issue of killing in Ferash (marriage bed) 2. It is Lawful the killing of the adulterer by the woman’ s husband in proving the conditions.
 
Keyword(s): Killing,Ferash (marriage bed),Adulterer,Adultery (zināʾ),A married woman
 
References: 
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  Persian Abstract Yearly Visit 28
 
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