Jurisprudential analysis of the verdict of adultery with a mahram from the perspective of three aspects: the concentration of punishment, the association of the title with the description of horses and adultery with an adult mahram

Articles in Press

Document Type : Original Article

Authors

• sayyed mahmood halataee ¹
• Mohammad Kazem Tawakoli Islami ²

¹ Faculty of Theology, University of Tehran

² Islamic jurisprudence and fundamentals of Tehran University

10.22067/jfiqh.2023.84132.1631

Abstract

Article 224 of the Islamic Penal Code approved in 2012, in accordance with the famous Imami jurists, considers execution as a legitimate punishment for the mentioned persons. The question is whether the subjects of paragraph A of this article should only be executed, or should the punishment of imprisonment be considered a part of their punishment? The attitude of the majority of jurists, as well as the approach of the law, is the illegitimacy of intensifying the punishment. Another question that exists in connection with the quality of the punishment for those subject to paragraph (a) of this article is that if they have the description of horses, is their punishment death? In this regard, the Islamic Penal Code approved in 1392 is either silent, or the application of Article 224 indicates the approval of the attitude of the majority among jurists. Another issue of this research is the jurisprudential examination of the addition of the sentence of adultery to non-imposed adultery in adultery with mahram, which is done in Article 228 of the Islamic Penal Code.The result of this research, which was carried out in a descriptive-analytical method and using library tools, is the legitimacy of the concentration of punishment, the difference in the punishment of those subject to clause (a) of Article 224 in the assumption of virtue, and the unjustification of the addition of the sentence of adulteress who is not an adulteress to an adulteress who is not an adulteress. It is obscene.

Keywords

• Fornication with incest
• articles 224 and 228 of the Penal Code
• Ghaliz
• Ahsan

Main Subjects

• Criminal jurisprudence

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