واکاوی فتوای استثنای مادر از مجازات حد سرقت

Analysis of fatwa to mother’s exemption from punishment of theftabstractislamic penal code in article 278 according to imami jurists has predicted specific punishment for legal theft, but in interpretation of conditions and specifications of mentioned crime has excepted in several cases from totality , among in case of rubber is father or grandsire of owner (paragraph c of the article 268). but pursuant general rules of imami jurisprudence, mother of owner is not immune from considered punishment. between primary imami jurists abolsalah halabi has opposed with this viewpoint and has generalized mentioned exception to mother. this viewpoint of halabi is confirmed by allame helli and reason of this viewpoint is said ,parents unity in “abavain” title, and need for reverence both of them. this paper wants, with analysis and explore evidences of parties, to prove that this famous viewpoint has more strength and intensity and we could generalize the mentioned exception to mother.keywords:theft, exceptions, father, mother, mother exemption from punishment of theft.