Limits of condition of lacking paternity for proving retaliation (Qisas)

Murder and intentional injury are punished by Qisas. One of the conditions of executing qisas is lack of paternity. Accordingly, a murderer is not retaliated where he is father of his victim. Traditional documentaries and renown legal opinions which are raised on this case by the Shiite and Sunni groups, make the legislator consider the mentioned condition in the article 301, Islamic penal code of 2014.A father that murders his offspring, is not absolutely taken in retaliation in accordance with absoluteness of the Shiite Jurist`s words and text of law. This is while that according to some jurists`s opinions, retaliation is executed on a father where he murders his child with malice aforethought or motives such as hostility and greed.
In this paper, based on a descriptive-analytical method and connected narrations, it is resulted that annulling qisas of father is a general and absolute legal commandment, and limiting it to some situations such as killing with malice aforethought, necessitates abandoning the traditions. At the same time, it proves that such an legal precept is especial for father, and it does not apply to mother, grandfather and grandmother at all.