Journal of Legal Research

Journal of Legal Research

Media Representation of Infanticide by the Father and Demands for the Necessity of Reviewing the Legal Sentence

Document Type : Original Article

Author
M.A in Criminal Law and Criminology, Faculty of Humanities, Qom Branch, Islamic Azad University, Qom, Iran.
Abstract
The punishment for the intentional murder of a child by the father in accordance with the Islamic Penal Code of Iran is receiving blood money and ta'zir (Discretionary Punishment). In Islamic jurisprudence, the sentence of prohibition of fathers' retribution has adherents and opponents. The legislator trends to the adherents and has recognized the mentioned sentence. The legislator has announced that one of the conditions in related to Revenge (Avenge for Blood), is discarded of the paternity between the child and father. The mentioned rule has always been challenged and criticized by criminal lawyers and so far they have not succeeded in changing the will and opinion of the legislator in this regard. Due to the proliferation of mass media, public opinion is strongly influenced by media representations of father-child killing, and such crimes are often reported by the media. People's awareness of the non-retribution of the father through the media has consequences that create the need to reconsider. It seems that it is possible to reconsider and modify the legal rule prohibiting in relation of the father in case of intentional killing the child and to persuade the legislator to change and modify it with the help of experts in jurisprudence. This research has been done by descriptive-analytical method based on library resources and news databases.
Keywords

  1. Books:

    1. Eshaghi, Mohammad. “Punishment of parents for the crime of killing a child. First Edition”. Tehran: Safir Sobh, 1831.  (in Persian)
    2. Akbari, Atefeh. Legislation based on criminal events. First Edition. Tehran: Majd Publishing House, 1831.
    3. Perfitt, Alan. Responses to Violence, Second Edition. Translation and research by Morteza Mohseni. Tehran: Ganj Danesh, 1833. (in Persian)
    4. Specialized Department of Criminal Law and Criminology, Criminology: Volume 5 of the Criminal Low Doctral Package and Science, third edition: Adlieh,1833. (in Persian)
    5. Khomeini, Ruhollah. Al-Rashah Al-Ashrah. First Edition. Qom: InstituteAEditing and publication of the works of Imam Khomeini Quds Serh, 1121 AH. (in Persian)
    6. Sanei, Parviz. Rights and Society: the relationship between right and social and psychological factors. Tehran: New Design, 1833. (in Persian)
    7. Levi Brule, Henry, Sociology of Law, 10th edotion, translation and research: Seyyed Abulfazl Ghazi (Shariat Panahi), Tehran: Mizan,1833. (in Persian)
    8. Mossadegh, Mohammad. Description of the Islamic Penal Code (Qisas). First Edition. Tehran: Jangal, Javadane, 1833. (in Persian)
    9. Maguire, Mike, Gunn, Radmore, Rainer, Robert. Oxford encyclopedia of criminology. First Edition. Translated and researched by Hamid Reza Malek Mohammadi. Tehran: Mizan, 1833.
    10. Mehdizadeh, Mohammad. Media and representation. First Edition. Tehran: Ministry of Culture and Islamic Guidance, 1833. (in Persian)
    11. Nilbakht, Sarah. The fields of tendency to violence and solutions to deal with it from the perspective of criminology. First Edition. Tehran: Kitab Ava, 1838. (in Persian)

              Articles:

    1. Yazidi Fard, Ali Akbar. Nabipour, Mohammad. "Absolute or relative exemption of father and paternal ancestor from the penalty of murder in intentional infanticide: Examining the cases of the permissibility of killing the father and paternal grandfather in intentional filicide". Scientific Research Journal of Islamic Jurisprudence and Law 8 (1831): 1-82. (in Persian)
    2. Izadifar, Ali Akbar. Dehkalani, Mohsen. Yousefi, Amin. "Father's punishment for intentional murder of a child". Scientific Research Journal of Islamic
    3. Jurisprudence and Law 118 (1831) 123-3. (in Persian)
    4. Razman, Ali. "Investigating the role of the media in committing crimes". Qonun Yar Scientific Legal Quarterly 1 (1836) 113-183. (in Persian)
    5. Azizi, Samia. Mirkhalili, Mohsen. "The relationship between the sacrificial ram theory and criminal populism and its effect on Iran's criminal policy". Journal of Legal Research 221 (1833) 11-212. (in Persian)
    6. Mahmoudi Janaki, Firoz. Moradi Hassanabadi, Mohsen. "Public opinion and criminalism". Journal of Legal Studies 5 (1831) 211-135. (in Persian)
    7. Qaderi Chermahini, Fatemeh. Hadian, Mehdi. Hadian, Hamed. "A reflection on the punishment of parents for killing a child from a jurisprudential point of view legal". The article presented in the annual conference of legal and criminal research, Hamandishan Scientific Association, collection Tasheh (Tehran), 5/81/1836. (in Persian)
    8. Lotfi, Asadullah. Sohrabinjad, Bahram. Sohrabinjad, Forozan. "The jurisprudential foundations of father's revenge by the child in the case of mother's murder". Two scientific- research quarterly journals of comparative jurisprudence 3 (1836) 151-125. (in Persian)

    News sites

    1. "What you don't know about the murder case of Babak Khorramdin", Etamed Online, 6/25/1111.

    https://www.etemadonline.com

    1. "The bitter story of the murder of 11-year-old Hadith by his father", ISNA, 1/13/1833.

    https://www.etemadonline.com

    1. "Murder of a 3-year-old child by an addicted father in Berdesir", Imna, 12/1/1111.

              https://www.imna.ir/news

    1. "The girl was killed by her brother, the father took responsibility for the murder" Barna News, 1/26/1833

    https://www.borna.news

    1. "The shocking confession of a father who burned his daughter", Tabnak, 3/15/1833.

    https://www.tabnak.ir/fa/news

    1. "The reaction of the leader of the revolution's Twitter account to the murder of Romina", Tabnak, 8/3/1833.

    https://www.tabnak.ir/fa/news

    1. "A special account of the murder of Romina Ashrafi", Khabaronline, 8/3/1833.

    https://www.khabaronline.ir/news       

    1. "The callous father killed his three young children", Rukna, 5/13/1111.

    https://www.rokna.net

    1. "New disclosure about Romina Ashrafi's father" Shahrara News, 8/11/1833.

    https://shahraranews.ir

    1. "Father killed his daughter because of the time to return home", Ferraro, 8/23/1833.

    https://fararu.com/fa/news

    1. "Rouhani's reaction to the story of Romina's murder", Asr Iran, 8/3/1833.

    https://www.asriran.com/fa/new

    1. "Request on the verdict of killing a child", Allameh Al-Haydari, 6/1/1833.

    https://t.me/alhaydarii_fa/4726

    1. "The reaction of Hojjat al-Islam Raisi to the horrible murder of Romina", Mashreq News, 8/12/1833.

             https://www.mashreghnews.ir/news

    1. " Different views of three jurists about the punishment of Romina's father, from the sufficiency of imprisonment for 10 Sedddalah to Qasddadas, the opinion of Ayatollah Mohagheq Damad", 6/22/1111.

             https://www.hamshahrionline.ir