“An Investigattion into the Murder of the Wife and the Stranger in the Bed from the Perspective of Islamic Schools of Jurisprudence”

Author:
Seyyed Amirmohamad Hossainzadeh
Level:
Master
Subject(s):
Fiqh religions
Language:
Farsi
Faculty:
Faculty of Islamic Denominations
Year:
2019
Publisher:
URD Press
Supervisor(s):
Mahdi Norouzi
Advisor(s):
Zahra Rameshk

The spread of personal revenge in modern societies, and even violations of certain Islamic jurisprudential principles, such as the principle of innocence, and the lack of respect for the laws and rights of human beings, are among the issues under consideration and analysis of this thesis. In this research, various issues and hypotheses have been investigated and analyzed and the main subject of the document is the famous theories of jurists, including Shia and Sunni, and narratives in this regard. Of course, the opinions of the jurists are different in the subject, for example, some early and late jurisprudents are opposed to the permission of the murder or have given the permission to do so, and they have assumed that the death penalty has been explicitly examined in detail. The murder of the husband and wife as one of the effects of the punishment of adultery requires a more detailed discussion in the fundamental and analytical way. Therefore, it examines the reasons and conditions for its realization in the Imams and the religious jurisprudents of the Sunni community, and finally, with the use of the hadiths of defense of the wisdom and pride, including Sahih Muslim and ibn Zorara’s book and their adaptation to this case, and to respond to the mistakes made in these traditions, the theory of the permissibility of killing marriage without any four just witnesses has been strengthened in Imamieh but the  most Sunnis, along with Shafiyeh, based on his narrative sources and justifying the second caliph’s judgment regarding the permission of the murder, based on the sentence or of the evidence or a confession, consider valid non-licensing theory.