A critique on Kohlberg`s theory about the walid zina according to Imami criminal law

Document Type : Original Article

Author

department of law, payame noor university

Abstract

According to some hadiths, some Imami jurisprudents have believed in natural deviation of the walad zina and hence, have shown his infidelity by the jurisprudential precepts of hodud, Qisas and ta`zir punishments. Given that the Islamic Punishment Code 2013 is generally formed with the jurisprudential precepts, how much is the author`s claim adaptable with the articles of the mentioned Code? Replying to this question is the subject matter of the present research. In a brief answer, the author`s cited hadiths are rejected by the majority of the jurisprudents including Imam Khomeini because of their contradiction to the rational arguments such as the human free will and divine justice. Therefore, based on the jurisprudents` viewpoint, being as a walad zina is not crime and infidelity, and with this reason, according to Islamic Punishment Code, he is a Shiite, and he has the equal criminal rights with others such as blood money and retaliation rights. However, the spite of the author`s global fame, because of his different jurisprudential reasoning method with the Imami jurisprudents, and lack of citation of the valid sources, he has no ability to introduce the valid jurisprudential data

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