An Islamic-Jurisprudence-Based Contemplation on Award Concerning Theft from Child's Properties by Mother

In the jurisprudence, theft penalty generally includes execution of a prescribed punishment or amputation. According to this general principle, theft from the child’s properties by father has been determined as an exceptional case Following this, the award of mother is discussed concerning the mentioned case. Considering the strength of the evidences by the oppositions to execution of a prescribed punishment on mother, it is necessary to review the respective jurisprudence principles concerning this issue.
this study has reviewed the quotations discussed concerning the mother’s award, and criticized the evidences related to each viewpoint in order to restudy the principle related to the criteria for deducing and legislating the father’s award and to critically analyze the proposed probabilities concerning the father’s exemption from the mentioned penalty. Contrary to the renowned viewpoint, which regards the ‘Paternal Affiliation’ or in some cases the rule of ‘Father’s Entitled-to-Receive-Maintenance’ as the criteria for issuing this award, the present study has regarded mother as a party attached to the father with respect to the award relevant to theft from the child’s properties.
Accordingly, it is necessary for the legislator to review Paragraph J of Article 268 of the Islamic Penal Code, both in terms of the paternal grandfather’s exemption from penalty and with respect to the mother’s inclusion of the award of execution of a prescribed punishment