Document Type : Original Article

Authors

• Talieh Vedjani Fakhr ¹
• Mohammad Reza Elahi Manesh ²

¹ Master of Laws, Department of Criminal Law and Criminology, Shahid Beheshti University, Tehran, Iran

² Assistant Professor, Law Department, University of Tehran-North, PhD in Criminal Law and Criminology, Faculty Member, Tehran-North Azad University, Tehran, Iran

Abstract

According to the Article 301 of Islamic Penal Code in 2013, retribution is proven if perpetrator is not the perpetrator's father or paternal ancestor, and the perpetrator is sane and equal to the perpetrator in religion. Article 301 of Islamic Penal Code expresses this significance. Therefore, parental relationship excludes retribution exclusively, but blood money and atonement are appropriate. Although the murderer is sentenced to deflation punishment, blood money and atonement are maintained. Furthermore, the murderer is sentenced to deflation punishment. The existence of parental relationship prevents the retribution proof, even if the infidel father kills his Muslim child. Since there was a requirement to prohibit retribution, and thus there is the non-requirement principle. It is worth to note the way of committing the act is frequently fatal. In the present article, the researcher seeks to answer this question that why mother is not included in line with father in Article 301of Islamic Penal Code? To answer, the hypothesis is raised that according to Article 301 of the Islamic Penal Code, where the mother is the murderer and the victim is her child, the punishment is not the same as that of father. The data collection was done through analysing the library-based resources

Keywords

• Spiritual Element
• Intentional Murder
• Intention
• Frequently Fatal
• Crime

Main Subjects

• Criminal Law and Criminology

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