The comparison between the Islamic jurisprudence and the Jordanian Penal Code regarding intentional killing of a son by his father
Year: 2024
Type: article
Abstract: This research aims to elucidate how Islamic jurists address the punishment for a parent who intentionally and aggressively kills their child. Some jurists apply the general principles of retributive justice (Qisas) to this crime, while others treat it as a special case, prescribing a punishment other than retribution. In this study, we explored both opinions and compared them with the stance of the Jordanian legislator.We employed the following methodologies: inductive, descriptive, analytical, and comparative.Study Findings:- The preference is given to the opinion that mandates the killing of the parent for killing their child, in order to protect lives and prevent the undervaluation of human life.- The Jordanian Penal Code does not adhere to a specific Islamic school of thought in its legislations but rather navigates among them in its rulings.- The Jordanian legislator aligns with the four major Islamic schools in not sentencing the parent to death when the mother kills her child under one year of age due to the influence of childbirth or breastfeeding.- It also agrees with three of the four schools (excluding the Malikis) in not sentencing the parent to death for the intentional killing of a child when a father kills his daughter upon finding her committing adultery.- The legislator aligns with the Zahiri school in applying retribution (Qisas) to the parent if they kill their child outside the three aforementioned circumstances
Institution: University of Sharjah
Language: English
Subfield: Education
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4404893251