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- Title
وارث ولد زنای فاقد همسر و فرزند در فقه و قانون مجازات اسلامی
- Authors
دکت, محمدرضا ظفری
- Abstract
The famous Imami jurisprudents, based on the traditions that negate the lineage and inheritance between the walad zina (the child of adulterine) and the natural parents, considered his heir in case he does not have a wife and children, the infallible Imam (a.s.) or his successor, and the legislator has also stated the same ruling in Article 553 of the Islamic Penal Code and declared it exclusively for blood money, while it can be inferred from the authentic traditions of this chapter, the opposite of the popular saying. In addition to that, the ambiguity in the concept of the walad zina and its verification method spreads from jurisprudence to the aforementioned law and makes the judge face the doubt of recognizing walad zina and, and necessarily in the cases presented, the parents are still presented as the heirs of the adulterine child Therefore, for the famous saying and the mentioned legal article, even on the assumption of no defect in the expression of the ruling, it is not expected to work much, unless the jurists and, accordingly, the legislator, resolve the ambiguity of the ruling and the issue with some limitations.
- Publication
Fiqh & Usul, 2023, Vol 54, Issue 4, p119
- ISSN
2008-9139
- Publication type
Article
- DOI
10.22067/jfiqh.2021.72396.1180