Jurisprudential Analysis of Exemption of Murder in Bed

The issue of "murder in bed" which is reflected in article no.630 of Islamic Punishment Law has a jurisprudential root and is specifically driven from problem no.20 of Tahrir al-Wasila by Imam Khomeini (PBUH). However, Islamic jurisprudents have different opinions in this respect. Shiite jurisprudents have two opinions in this regard: first group that includes the majority of jurisprudents believe that if a man witnesses his wife having intercourse with a stranger man he has a right to kill both his wife and the man; however, some of these jurisprudents allow this on the condition that the man is married. Second group whose prominent member is ayatollah Khooee not only say murdering both the wife and the stranger is flawed but also they forbid it. The bases for this opinion are subject to criticism and contemplation. Four Sunni schools, although they have different opinions about the details of this issue, but they collectively believe that if a man witnesses a stranger man having intercourse with his wife and kills him will not be punished if he can prove the murdered man has been a married man. However, some put forth the condition of being married and some dont and believe the husband is exempted from punishment only if the adultery is proved. About the philosophy of this ruling there are four probabilities: the husband's hurt feelings, legitimate defense of one's face, executing divine order and adulterers are subject to death. Most of jurisprudents think it is a form of legitimate defense.