بررسي فقهي نقش تفاوت جنسيت پدر و مادر در مجازات جرم فرزند كشي در فقه شيعه

Jurisprudence Study of Sexuality Difference in Filicide Punishment

Filicide is one of crimes that parents sometimes commit. The jurists relying on some traditions reached agreeing in opinion to the lack of punishment of the father who committed filicide. But the forgiveness of mother that committed the crime of filicide and difference in the sexuality of parents playing role in punishment and as a result the mother must be punished or not are the main parts of research which presented in this article that provide the topic and variation of this research. The present article in a library research based on the descriptive method according to the Shiite schools of jurisprudential tries to examine the predominant views of the scholars of the Shiite jurisprudence. The view relies on some verses and traditions which is related to the punishment of the mother who committed filicide; and view of another group of the scholars of the Shiite jurisprudence is to equalize the parents right for punishment of the filicide relying on some verses and tradition according to some principles and jurisprudential rules which forgive the punishment of the mother who committed filicide. Then this article criticizes proofs and fundamentals of the views related to the acceptability of the equality of the parents for punishment of the filicide.