نوع مقاله : علمی - پژوهشی
نویسندگان
1 استادیار گروه فقه و حقوق دانشگاه بزرگمهر قائنات
2 دانش آموخته دکتری فقه و مبانی حقوق اسلامی دانشگاه فردوسی مشهد
3 مربی گروه فقه و حقوق، دانشگاه پیام نور، تهران، ایران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
In Shari'a teachings, various punishments have been considered for adultery, the most severe of which seems to be “stoning". Proof of stoning is contingent upon verification of “Iḥṣan"; Therefore, the existence of Iḥṣan can change the punishment of a criminal from a lesser punishment (a hundred lashes) to a more severe punishment (stoning). In Imamiyyah jurisprudence, there are some conditions for obtaining Iḥṣan, one of the most important of which is that a person does not need to commit an illegitimate relationship because he or she is able to have sexual intercourse with his or her spouse. The challenge that exists in this context is that a number of jurists have stated that in order to verify Iḥṣan for a man, he must have the continuous possibility of having sex with his wife, otherwise he is not subject to the punishment of stoning; but they have not accepted such a right for women. This view is also recognized in Article 226 of the Islamic Penal Code. The present study, in a descriptive-analytical research, while analyzing the opinions of jurists, has criticized and measured such a view. The results of the research indicate that the mere presence of the husband, without his wife having the possibility of sexual intercourse, is not enough for the wife's Iḥṣan, and about women, as about men, the possibility of continuous sexual intercourse with their spouse is a condition and there should be no difference between men and women in this area. Therefore, in view of this, it is essential that the above-mentioned approach of the legislator is also changed and that the equality of couples in the right to continuous sexual intercourse is explicitly emphasized in Article 226.
کلیدواژه‌ها [English]
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