A Survey and Criticism of Questions Posed as to Homicide in the Marriage Bed

The problem of Homicide in the Marriage Bed, which was adapted from the former French criminal law and included in the Article 179 of Iranian civil law before the revolution, was reflected in the article 630 of Iranian civil law after the revolution. The subject in question which was a matter of legal criticism before the revolution became a matter of juristic criticism as well when it was based on juristic essentials and appeared in the article 630 after the revolution. Such problems as weakness of theory of legitimate defense as the foundation of justification of the judgment, weakness of juristic essentials, and possibility of misuse of the judgment are argued for incorrectness of the judgment. Those problems are chiefly caused by negligence of the point that it is peculiar to the position of realization and not that of demonstration first, and lack of precise analysis of juristic essentials being contented with mentioning opinions of some jurists without narrating their own words in this connection secondly. Should these two problems solved, soundness of that judgment would definitely be revealed