Restudying the Retaliation of Mother for Murdering Her Child in the Light of the Objectives of Religion

With the formation of the idea of systematization through Islamic jurisprudence, many sub-systems were formed based on jurisprudential views. Iranian legal system is no exception to this rule. The formation of laws on the basis of Islam led to the entrance of many jurisprudential views into the realm of law. The condition of the absence of paternity is among the cases entered into the realm of law from Shiite jurisprudence. The universality of positive laws, especially criminal provisions, has made social developments and demands not tolerate certain views of traditional jurisprudence such as non-retaliation of father and on the opposite, retaliation of mother for murdering one›s child. The theory of establishing a dynamic jurisprudence that keeps up with the developments of time has created capacities for transition from the text-based jurisprudence to the evidence-based jurisprudence. The objectives of religion, the necessities of time and place and the jurisprudential rule of justice are among the capacities that have provided the possibility of the dynamics of jurisprudence. In this study, through attempting to use the justice principle as one of the major objectives of religion, the difference between father and mother in the execution of retaliation punishment has been examined.