Investigating the Injuries of Murder in Prohibition in Iranian Laws

Abstract

The issue of murder in the marriage bed that was in Article 179 of the General Penal Code before revolution derived from Article 324 of the former French Penal Code was reflected in Article 630 of the Islamic Penal Code after revolution in 1996. This issue, which was subject to legal critics during the reign of Article 179, was also criticized in terms of jurisprudence and validity in addition to legal criticism by reflecting in Article 630 of the Islamic Penal Code and on the basis of jurisprudential principles. Deficiencies such as the weakness of the theory of legitimate defense as a justified basis for the verdict, the weakness of the jurisprudence, and the possibility of abuse of the sentence of murder in marriage bed are cases proposed in the sentence. Most of these objections are due to: First, the lack of attention to allocate the issue to the status of ascertainment, not the position of proof, and second: the lack of careful analysis of the jurisprudential principles and the mere reference to the view of some jurists, without their comment in opposition to the sentence that if these problems are solved, documenting the sentence will be evident. Article 302 of the Islamic Penal Code 2013, in accordance with the famous promises of the Imamiyya jurists, considers the killing of the wife by the husband as an exception from the retaliation. The correct view is that murder in marriage bed is relative in terms of defense and deserving death, so most of the circumstances considered an example of executing the punishment would not be valid. In this research, we have examined the damages, the famous view of the jurists and their criticism, as well as murder in marriage bed in Iranian statute laws by an analytical approach.