A New Approach to the Nature of Murder in the Marriage Bed in Jurisprudence and Penal Law

Murder in the Marriage Bed is a situation which the husband kills his wife and an alien man while they fornicate. There are two consequences for this matter: firstly, the husband does not commit any sin as a result of his murder in front of God and will be not punished in the other life (Hereafter). Secondly if he proves this situation, he will be exempted of Retaliation and Tazir. Article 302 of Islamic Punishment Code (2014) has excepted the murder of wife and the alien by husband from the Retaliation adherence to the famous opinion of Imami Jurists. The right opinion in this matter is the relativity of the murder in the Marriage Bed as a defense, so most of the terms for considering it as a Hadd are not valid. In this research we have studied the famous opinion of jurists and its analyzing with an analyzing- critical approach. Also we have studied in Penal Law.