Jurisprudential Bases for Absence of Father Execution in Islamic Penal Code

In the legal system of Iran, following the Islamic jurisprudence, father and paternal ancestors, will not be sentenced to death penalty (Qisas) due to intentional murder on their children and grandchildren. Extending this rule to mother and maternal grandfathers and grandmothers is impossible. In this case, The Iranian penal code, adopted in2013, has made some progress compared with the previous law such as non-monopoly article 301 in cases of murder and extend it to all theintentional crimes, clarify the rule of not having paternal relationship and the need to proveo therwise by criminalin Article 309, and also clarify the rule of not Inheriting nemesis by criminal in Article 357 of the law. On the other hand there are defects in the current law such asthe silence of the lawabout Permissibility or impermissibility demand retribution from the father of his childas the heir of the victimthatcomments jurists in this case is Impermissibility. Generally the current lawcompared with the former lawis in a better position and resolvedefects of the law inthe next reformwill add strength and certaintyof law.