Jurisprudential and legal Surveying of necessary provisions for the exemption of penalty for murder in bed and compare with new Islamic Punishment Bill
Document Type : Specialized Article
Author
Member of faculty of Imam Sadiq University
Abstract
Wife murder is the matter in the article 630 of Islamic penal code and paragraph 4 of the article 302 of Islamic punishment new bill. It was discussed before Islamic revolution in article 179 of penal code and had exempted the husband from the murder, assault of the battery of the adulterer and adulteress.
About the necessary conditions for the realization of this exemption, some jurists prohibited the execution of the sentence and discussed about some problematic points. On the other side most of the Shiite and Sunni jurists believe in the adulterer and adulteress to death by the husband and a few permit the adulterer or adulteress death if they are married.
For explanation of the exemption provisions in the Article 630 of Islamic penal code we should refer to 28th point of Tahrirolvasileh book, where the specifically necessary conditions are detectable.
Amony these conditions are: the marriage between the criminal and the adulteress, the husbands observes that his wife has a sexual intercourse with a foreign man, a complete sexual intercourse, knowledge about the deference by the husband and wifes crime of adultery by her husband, if the husband's commitment of murder and battery are synchronic with the observation of adultery.
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