A Jurisprudence-Based Contemplation in the Act of Stealing a Mother from the Child's Property
In Islamic jurisprudence, the punishment for the crime of stealing generally includes the amputation of a body part. According to this general principle, the father’s stealing of the child's property is an exception that has been made, however, as a consequence, the matter of the mother's...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
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Imam Sadiq University
2017-05-01
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| Series: | فقه و حقوق خانواده |
| Subjects: | |
| Online Access: | https://flj.journals.isu.ac.ir/article_63801_e8c306325ae94c1f54079aeb2ccd6588.pdf |
| _version_ | 1819008753376165888 |
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| author | fatemeh Ghodrati Mojtaba Azimpanah |
| author_facet | fatemeh Ghodrati Mojtaba Azimpanah |
| author_sort | fatemeh Ghodrati |
| collection | DOAJ |
| description | In Islamic jurisprudence, the punishment for the crime of stealing generally includes the amputation of a body part. According to this general principle, the father’s stealing of the child's property is an exception that has been made, however, as a consequence, the matter of the mother's sentence is raised in this issue. Although Islamic Punishments Law (Article 268- Paragraph C), and as stated by famous Imams' jurists, the mother is not associated with father; nonetheless, with attention to the strength of the arguments of the opposition to execution of a prescribed punishment on the mother, the necessity to re-examine the respective Islamic jurisprudential principles concerning the mother's sentence, is felt.The present study (conducted using the Descriptive-Analytical Method) has explained the reasons for supporters and opponents, implementation of the mother’s punishment and an investigation of the probabilities in the criterion of the father's exemption from a punishment for stealing, Incorporation of the mother's sentence to father should be clarified as much as possible. In the opinion of the famous jurists "The relationship of paternity" or in some cases" the rule of ‘Father’s entitled to alimony" as the grounds for the criteria for the father’s exemption, therefore they consider any lack of attachment of the mother's sentence to that of the father. But it seems that “Paternal Affiliation” is the basic rule in mentioned reasons and may consider the mother as being subject to it. Furthermore, with reference to the other conflicts against the evidences proposed by the supporters of the rule of the execution of a prescribed punishment on the mother, as well as evidence presented in this paper, the theory of non-enforcement of the punishment of the mother has been strengthened. So, the necessity of reviewing the Islamic Punishments Law, both for the breach of the paternal grandfather and the mother's involvement in the theft of punishment. |
| first_indexed | 2024-12-21T00:45:29Z |
| format | Article |
| id | doaj.art-58dd20bd94ed4b988c51181d053012a5 |
| institution | Directory Open Access Journal |
| issn | 2538-5291 2538-5283 |
| language | fas |
| last_indexed | 2024-12-21T00:45:29Z |
| publishDate | 2017-05-01 |
| publisher | Imam Sadiq University |
| record_format | Article |
| series | فقه و حقوق خانواده |
| spelling | doaj.art-58dd20bd94ed4b988c51181d053012a52022-12-21T19:21:31ZfasImam Sadiq Universityفقه و حقوق خانواده2538-52912538-52832017-05-01226611914110.30497/flj.2017.6380163801A Jurisprudence-Based Contemplation in the Act of Stealing a Mother from the Child's Propertyfatemeh Ghodrati0Mojtaba Azimpanah1استادیار گروه الهیات دانشگاه یاسوجدانش آموخته کارشناسی ارشد فقه و مبانی حقوق اسلامی دانشگاه یاسوجIn Islamic jurisprudence, the punishment for the crime of stealing generally includes the amputation of a body part. According to this general principle, the father’s stealing of the child's property is an exception that has been made, however, as a consequence, the matter of the mother's sentence is raised in this issue. Although Islamic Punishments Law (Article 268- Paragraph C), and as stated by famous Imams' jurists, the mother is not associated with father; nonetheless, with attention to the strength of the arguments of the opposition to execution of a prescribed punishment on the mother, the necessity to re-examine the respective Islamic jurisprudential principles concerning the mother's sentence, is felt.The present study (conducted using the Descriptive-Analytical Method) has explained the reasons for supporters and opponents, implementation of the mother’s punishment and an investigation of the probabilities in the criterion of the father's exemption from a punishment for stealing, Incorporation of the mother's sentence to father should be clarified as much as possible. In the opinion of the famous jurists "The relationship of paternity" or in some cases" the rule of ‘Father’s entitled to alimony" as the grounds for the criteria for the father’s exemption, therefore they consider any lack of attachment of the mother's sentence to that of the father. But it seems that “Paternal Affiliation” is the basic rule in mentioned reasons and may consider the mother as being subject to it. Furthermore, with reference to the other conflicts against the evidences proposed by the supporters of the rule of the execution of a prescribed punishment on the mother, as well as evidence presented in this paper, the theory of non-enforcement of the punishment of the mother has been strengthened. So, the necessity of reviewing the Islamic Punishments Law, both for the breach of the paternal grandfather and the mother's involvement in the theft of punishment.https://flj.journals.isu.ac.ir/article_63801_e8c306325ae94c1f54079aeb2ccd6588.pdftheftchild’s propertiesmotherfatherpaternal grandfather |
| spellingShingle | fatemeh Ghodrati Mojtaba Azimpanah A Jurisprudence-Based Contemplation in the Act of Stealing a Mother from the Child's Property فقه و حقوق خانواده theft child’s properties mother father paternal grandfather |
| title | A Jurisprudence-Based Contemplation in the Act of Stealing a Mother from the Child's Property |
| title_full | A Jurisprudence-Based Contemplation in the Act of Stealing a Mother from the Child's Property |
| title_fullStr | A Jurisprudence-Based Contemplation in the Act of Stealing a Mother from the Child's Property |
| title_full_unstemmed | A Jurisprudence-Based Contemplation in the Act of Stealing a Mother from the Child's Property |
| title_short | A Jurisprudence-Based Contemplation in the Act of Stealing a Mother from the Child's Property |
| title_sort | jurisprudence based contemplation in the act of stealing a mother from the child s property |
| topic | theft child’s properties mother father paternal grandfather |
| url | https://flj.journals.isu.ac.ir/article_63801_e8c306325ae94c1f54079aeb2ccd6588.pdf |
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