Murder in marriage bed; believing in sheding adulterer’s and adulteress blood with immunity; an explicit instance of family violence

Family violence is a result of complicated factors which in some cases, lack of criminalization, lack of explicit point of view in law and the silence of the legislator contribute to its expansion. Unfortunately despite all the criticisms, the legislator named again adulterer an adulteress as instances of Mahdour al-Dam in article 203 of the new law of Islamic punishment and has issued the permission of murder in bed for husband, which can be considered and studied as a significant example of family violence.
In this research, authors are recogniting the subjects of murder in bed, believing in sheding adulterer’s and adulteress blood with immunity and they believe that this subject is a clear example of family violence. Meantime, a question arises that “How the husband can kill both of them without any trial and hearing defencive reasons and evidences?”.
According to the words of Islamic jurisprudents, it is clear that they arenot in agreement on the giving the permission of murder in bed to the husband. Finally it should be recalled that the legislator should do his best to remove legal articles which themselves can be the basis of crime and can increase allowance of private justice and personal revenges and family violence cases.