شرط انتفا ابوت در قصاص و امكان تسري آن به جد

Disproof of Fatherhood in Retaliation and the Possibility of Its Extension to Ancestor

The disproof of fatherhood is deemed as one of the measures in executing retaliation on which all the grand jurists agree. Apart from the philosophy of legislating this decree in Islamic jurisprudence, the disproof of retaliation of a father who deliberately has murdered his own child is solely confirmed by virtue of the infalliblesʹ traditions, but since the non-execution of fatherʹs retaliation is contrary to the general laws of retaliation, and thus juristsʹ approach is to content themselves with the case as specified in the proven reasons and such a specification has not been taken into account in the traditions aimed by the jurists as for joining the ancestor to father, the case of joining the ancestor to father through invoking to traditions is objected.