Associate Professor and Faculty Member, Department of Women's Studies, Faculty of Social and Economic Sciences, Al-Zahra University
Abstract
Article 301 of the Islamic Penal Code of Iran (2013) exempts a father or paternal grandfather from capital punishment (qisas) for the intentional killing of their child, sentencing them instead to the payment of blood money (diya). In contrast, a mother who commits the same act is subject to qisas. This marked legal disparity between the two parents for identical criminal conduct raises significant concerns regarding criminal justice, gender equality, and the jurisprudential legitimacy of such differentiation. This study, using a comparative-analytical method, critically examines the classical jurisprudential sources that have shaped the current legislation and engages with contemporary juristic interpretations. It further analyzes the issue through the lens of Iran’s constitutional principles, human rights standards, and the requirements of modern justice. By incorporating a comparative legal review of selected foreign legal systems, the research demonstrates that the exemption of fathers from qisas in cases of filicide lacks a sound foundation in contemporary Islamic criminal justice and stands in contrast to the prevailing international standards. Ultimately, the study advocates for a principled reform of Article 301 and calls for the elimination of gender-based discrimination in criminal legislation in favor of more rational, ethical, and updated interpretations of Islamic law.
koohsari, Z. (2025). Examining the social and legal challenges of retribution for the murder of a child and the distinction between parents in jurisprudence and law. The quarterly journal of the modern jurisprudence of women and family, 6(1), 5-34.
MLA
zahra koohsari. "Examining the social and legal challenges of retribution for the murder of a child and the distinction between parents in jurisprudence and law". The quarterly journal of the modern jurisprudence of women and family, 6, 1, 2025, 5-34.
HARVARD
koohsari, Z. (2025). 'Examining the social and legal challenges of retribution for the murder of a child and the distinction between parents in jurisprudence and law', The quarterly journal of the modern jurisprudence of women and family, 6(1), pp. 5-34.
VANCOUVER
koohsari, Z. Examining the social and legal challenges of retribution for the murder of a child and the distinction between parents in jurisprudence and law. The quarterly journal of the modern jurisprudence of women and family, 2025; 6(1): 5-34.
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