نوع مقاله : پژوهشی (داوری عادی)
نویسنده
دانش آموخته سطح چهار حوزه علمیه قم و پژوهشگر مؤسسه عالی فقه و علوم اسلامی. قم، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
One of the important questions in criminal jurisprudence is whether people who did not have the right to retribution from the beginning are also deprived of this right by inheritance or whether they can inherit the right to retribution. The answer to this question is necessary due to the ambiguity in the jurisprudential documents, the relative silence of earlier sources, and the many judicial trials. In answering this question, two opposing opinions are in conflict. According to some Imami jurists, the right to retribution is inherited by all the heirs of the deceased guardian, but according to others, people who did not have the right to retribution from the beginning, such as spouses or maternal relatives, are also deprived of the right to retribution. The most important evidence for the first opinion is the application of the evidence of inheritance, which is also consistent with the requirements of the first principle in this discussion. In contrast, the evidence for the second opinion can be the same evidence that indicates the deprivation of spouses, maternal relatives, or women. In this study, using a descriptive-analytical method, the documentary and evidence-based evidence for the deprivation of the aforementioned individuals, including consensus, the narration of Fadl al-Baqaqa, and the analogy of priority, has been examined, and it has been concluded that it is not permissible to use the aforementioned evidence to deprive spouses, maternal relatives, and women of the right to retribution and its inheritance. Therefore, Article 353 of the Islamic Penal Code has a strong ijtihad support in that it considers spouses to be the inheritors of the right to retribution, but the fact that the legislator did not consider spouses to be the inheritors of the right to retribution in Article 351 is a flawed theory.
کلیدواژهها [English]
)