Document Type : Original Article
Authors
1
PhD Student, Department of Jurisprudence and Fundamentals of Islamic Law, Semnan Branch, Islamic Azad University, Semnan, Iran
2
Associate Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Semnan Branch, Islamic Azad University, Semnan, Iran
3
Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran
Abstract
One of the factors for exemption from the punishment of theft is the abduction of the abbot. The manner and motive of the theft have no effect on this sentence. Of course, this ruling is disputed among general jurists. The reason for not punishing the father from the point of view of the jurists of the sects is narrations, consensus and fame.
Regarding the inclusion of the mother, the general jurists, since they consider birth as the criterion of the ruling, according to the meaning of the parent, have also considered the mother as subject to the ruling. But Imami jurists are content with the text. However, due to the strength of the arguments of the opponents of enforcing the hadd on the mother, a re-reading of the jurisprudential principles of the mother's ruling is felt. This research has been done by descriptive-analytical method and based on library sources. In this issue, while explaining the reasons for and against the implementation of the hadd on the mother, the possibilities raised in the criterion of the father's exemption from the hadd of theft should be examined to clarify the possibility of attaching the mother's sentence to the father
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