جستجوی مقالات مرتبط با کلیدواژه "illegitimate child" در نشریات گروه "فقه و حقوق"

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.

Relative relationship may be denied for various reasons and motivations. The denier of relative relation claims that the relative relation that apparently exists is contrary to reality. In general, any person who benefits from the denial of lineage can file a lawsuit for denial of lineage. Therefore, the purpose of writing this article is to clearly state the approach of Iranian law towards the legal status of a child whose parentage has been denied. Since there may be a difference between the rights of a child whose parentage is denied and the rights of a child who does not have this feature, it is necessary to determine which of the financial and non-financial rights is different between the child whose parentage is denied and the child whose not. The result of this research is that those rights that such a child still enjoys are financial rights, alimony and non-financial rights, guardianship, custody, family name and birth certificate. Inheritance is also a right that is affected by denying lineage.

One of the conditions for Qisās, according to the majority of Imami and Sunni jurists, is the absence of a father-child relationship between the killer and the killed. This means that if a father commits the murder of his child, he will not be subject to Qisās. It is maintained that if the child born is the result of an illegitimate relationship between a Muslim man and a Muslim woman, the Shariah discredits the father-child relationship. Due to the lack of such relationship, it is then a bone of contention whether the adulterer who intentionally kills his illegitimate child shall be punished by Qisās. Recruiting a descriptive-analytical design, the researchers have examined Shariah texts as well as the expert opinions of the jurists and found that the adulterer can apparently be exempted from a Qisās even in the absence of the legitimate father-child relationship. It is due to the fact that the Shariah has not exclusively stipulated the legitimacy/illegitimacy condition of the child birth upon deciding on the Qisās issue. It is also more consistent with the principle of caution in Islam.

One of the topics on dīya is the provision of dīya for anllegitimate child. The question that arises at this point is that if a person intentionally or unintentionally kills an illegitimate child, how much money must be paid to the victim as dīya? Shi’ite jurisprudents have expressed different views regarding this question. One point of view considers the illegitimate born child as absolutely non-Muslim, thus denies him the right to dīya or considers dhimmī dīya or him/her. In contrast, another view considers him as a Muslim; as a result, deserving complete dīya.In this context, there is a point of view that believes that the problem should be discussed in details. Article 552 of Islamic Penal Code, adapted in 2013, in compliance with the second view, considers the dīya of illegitimate child like that of a Muslim. The present study adduces to Qur’anic and narrative principles and confirms the viewpoint that considers the illegitimate child on the basis that his/her parents are Muslim and considers him/her as a legitimate child; consequently, it considers the dīya of an illegitimate child as equal to that of a Muslim person.

The cause of discrepancies regarding enjoyment or deprivation of illegitimate child from rights within family concerns the issue of relation because there are discrepancies among the jurists regarding the relation of illegitimate child and these different views are the origin of discrepancies among the jurists regarding deprivation or enjoyment of rights within family, about which there has been two tenets among the Shi’ite jurists. The first tenet, which is advocated by earlier jurists and some contemporary ones, repudiates the relation of illegitimate child to the parents and consequently reject the application of all the rights concerning this relation except those rights which are proved for caution purposes or a specific cause, like the marriage between the parents. The second tenet that believes in the relation of illegitimate child to the parents is the tenet of contemporary jurists, which approves all the rulings for this relation, which are concerned to this relationship except the right which is denied for a specific reason like heritage between those two. In the present study, with regard to a series of proofs, we have proved the first tenet, which is the reference of civil code article 1167.