نوع مقاله : پژوهشی
نویسندگان
1 استادیار گروه فقه و مبانی حقوق اسلامی، دانشکده الهیات و معارف اسلامی، دانشگاه ایلام
2 دانشگاه فردوسی مشهد
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
In jurisprudence, due to the abhorrence of adultery in Sharia, different rulings have been considered for children born out of wedlock. One of these rulings is about the blood price of an illegitimate child. Due to the difference in the opinion of the jurists regarding the assumption of the problem, the present article has studied the heritage of written jurisprudence in a descriptive and analytical way in a problem-oriented research and has reached three different points of view: 1- The famous theory that the amount of money considers the natural child equal to other people; 2- The view of a group of scholars who believe that such a person's dowry is equal to a dhimmi disbeliever; 3- Shazi's point of view, which basically does not believe in the obligation of money in assuming the problem. In the present research, after the detailed counting of the statements in the issue as well as the documentation of each of the above opinions, in the end, the second view which is attributed to a number of the predecessors of the Imamiyyah is considered to have a solid basis and shows the result of the arguments of the chapter. Famous and Shaz's words are not in question.
کلیدواژهها [English]
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