This research is about murdering a human soul (homicide) committed in the "heat of passion", caused by fornication, under the pretext of defending honor and removing the shame, either cases caught in flagrant sexual intercourse or not. The research shows that this act is one of the crimes related to wrong customs and traditions with no relation to Islamic religion or justice of Islamic Jurisprudence. In addition, it stresses that if the killer established evidence of a crime caught in the act of fornication, by either witnesses or affirmation of legal guardians of the slain, Islamic scholars agreed not to retaliate from the killer. On the other hand, when there is no evidence or affirmation of legal guardians of the slain, the correct judgment is that the killer ought to bear consequences of criminal conviction and take retaliation from him. Furthermore, in cases not caught in flagrant sexual intercourse, the scholars agree that it is not permissible for the husband to kill his wife or his female kin because he accused her of fornication based on rumors and suspicion. Instead, he is obligated in case of accusation to prove fornication by having four witnesses or oath of curse. Otherwise, he becomes subject to the penalty of slander (false accusation) and if he kills her, he will be retaliated.       

Title

مجلة البحوث والدراسات الشرعية

Publisher

اصدار علمي متخصص جامعي محكم

Publisher Country

Egypt

Publication Type

Both (Printed and Online)

Volume

46

Year

2015

Pages

28