Document Type : scientific

Authors

• Ahad Gohari ¹
• Mohsen Jahangiri ²

¹ PhD student in Criminal Jurisprudence

² Associate professor at Razavi University of Islamic Sciences

Abstract

Sexual offences have several jurisprudential effects and imperative rulings, which have been studied limitedly in jurisprudential researches, such as the permanent prohibition of marriage (Arabic: نِکاح, Romanized: nikāḥ, literally marriage, Persian: ازدواج) in adultery with a married woman (Arabic: ذاتُ الْبَعْل) and also, the permanent prohibition of marriage in adultery with a woman in her period of waiting (al-ʿidda), but other effects have not been studied. The jurisprudential ruling of the marriage of the son or father of an adulterer with an adulteress is the main issue of this research from the point of view of five Islamic Denominations (Arabic: مَذاهِبُ الْخَمْسَة, Shīʿa, Shafi'I, Ḥanbalī, Ḥanafiyah and Mālikī Schools). It is necessary to express and analyze this issue in order to obtain the rulings (aḥkām, Arabic: أحکام, plural of ḥukm, Arabic: حُکْم) and its related effects, and it is obvious that failure to present such research will cause problems in the explanation of criminal jurisprudence rulings. Therefore, authors by collecting information through library method and with descriptive and analytical perspectives have examined the issue from the point of view of five Islamic Denominations in this research. It was finally concluded that such a marriage is forbidden in Shīʿa jurisprudence, but there are differences in Sunni jurisprudence that the proofs (evidence) of prohibition is strengthened by rejecting the proofs of the permissibility of marriage, and the Shīʿa’s view is proved.

Keywords

• Sexual offences
• Jurisprudential effects
• Five Islamic Denominations (Arabic: مَذاهِبُ الْخَمْسَی
• Five Schools of Islamic Thoughts)
• Becoming forbidden
• Adultery (Zināʾ (زِنَاء) or zinā (زِنًى or زِنًا))