Genealogy of murder in the marriage bed in criminal codes: comparative and historical perspective

Abstract

Murder in the marriage bed is a confirmatory law and it is not from the new established laws of Islam and Imamie Jurisprudence .This rule is foreseen in the Ur-Nammu code ( 2100 B.C.E ) , Eshnunna code ( 1770 B.C.E ) , Hammurabi code ( 1750 B.C.E ) , Hittites code ( 12th to 17th century B.C.E ) , and other codes such as ; The Assyrian code , the codes of the Japanese Empire , the codes of ancient Greece and the codes of ancient Rome . In contemporary times, this rule is foreseen in the Customary penal code (1295 SH), the General penal code (1304 SH) and the Islamic penal code (1375 SH). This topic specifically entered Iran’s criminal law from the Napoleonic penal code and inserted by Firouz Mirza Nusratal-Dawlah in the customary penal code. Similar to this regulation, also has been seen in the penal codes of countries like Portugal, Belgium, Italy, Egypt, Kuwait, Iraq and others. In the present article , An analytical-comparative method will be used to study the genealogy of murder in the marriage bed and emphasis on being confirmed of this regulation in the Imamie Jurisprudence , as well as the comparative study of similar provisions in ancient criminal codes and the contemporary Iranian criminal codes and other countries of the world .