The Amount of Bloodmoney of a Natural Child in The Field of Jurisprudential Criticism; Analysis of

Hatami, Sedigheh; Elmi Sola, Mohammad Reza

doi:10.22034/jccj.2024.398866.1281

The Amount of Bloodmoney of a Natural Child in The Field of Jurisprudential Criticism; Analysis of "Article 552 of The Penal Code"

Document Type : Original Article

Authors

Sedigheh Hatami ¹

Mohammad Reza Elmi Sola ²

¹ Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Ilam University, Ilam, Iran. (Corresponding Author)

² Associate Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Ferdowsi University, Mashhad, Iran.

10.22034/jccj.2024.398866.1281

Abstract

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.

Keywords

Adultery

Illegitimate Child

Bloodmoney

Dhimmi Infidel