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Mohammad Jafar Habibzadeh Associate Professor, Department of Law, Tarbiat Modares University Hossein Babaie Ph.D. Candidate, Tarbiat Modares University "Homicide at the Marriage bed" means to kill the wife and a stranger at the time of fornication by husband. According to the 630 article of Islamic punishment if the husband himself sees his wife and a stranger at the time of fornication and killes both of them, he will be exempted from retaliation. Certainly husband has permission to homicide when his wife commits fornication Freely and not with duress or compulsion. The 179 article of public punishment law, approved in Bot 1925, had been devoted to this subject. In that time law maker without noting religious judicial principls had expanded the application of the law so that the fornication between the wife and the stranger was not a necessary condition And even if the husband saw them in a situation which made him be suspicious, he would enjoy absolute or relative exemption. About the basis of this exemption different theories are proposed by jurists and lawyers as: self defense theory, incitement theory, to do prescribed punishment, beiny outlaw of pornicator and adulteress. According to religious jurisprudence what has been qouted in the first martyr’s Durus book has been considered the basis of judgment. In this 'article we are going to judicially analyse these theories.

Keywords: Retaliation, Marriage bed, Homicide, Justificative facts

     

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