The Criminal Rights of a Child Caused by Adultery from the Perspective of Iranian Law and Imami Jurisprudence

Khosravi Danesh, Sahar; Tajari Moazeni, Zahra; Esmaeili, Ali Akbar

doi:10.22034/jccj.2024.419939.1410

The Criminal Rights of a Child Caused by Adultery from the Perspective of Iranian Law and Imami Jurisprudence

Document Type : Original Article

Authors

Sahar Khosravi Danesh ¹

Zahra Tajari Moazeni ²

Ali Akbar Esmaeili ³

¹ Ph.D. Student of Department of Law, Gorgan Branch, Islamic Azad University, Gorgan, Iran.

² Assistant Professor, Department of Law, Gorgan Branch, Islamic Azad University, Gorgan, Iran. (Corresponding Author)

³ Assistant Professor, Department of Criminal Law and Criminology, Gorgan Branch, Islamic Azad University, Gorgan, Iran.

10.22034/jccj.2024.419939.1410

Abstract

In the judicial system based on Sharia, the criterion and criterion for the granting and belonging of socially acquired rights is based on the adherence and observance of the Sharia and its principles. In the Islamic religion, the illegitimate relationship of adultery, in addition to condemning and blaming the perpetrators, also has side effects. Adulterers and adulterers are sentenced to bear the fixed punishment prescribed in Sharia according to the circumstances. If their situation leads to the birth of a child, the said child is considered illegitimate and deprived of some social and legal rights as an adulterer. The findings from the descriptive-analytical study of related jurisprudence and legal sources show that attaching this title to such a child who was born out of illegitimate circumstances and despite the fact that the legal rights have given him the title of natural child, has some criminal rights of One of the right to life is retribution, and sometimes the right to retribution is relatively limited and the right to witness is completely denied.

Keywords

Child Caused by Adultery

Criminal Law

Lineage