Most Islamic jurists believe that a father will not retaliate against his son in a deliberate crime. However, there is disagreement about the mother joining the father. Sunni jurists mainly believe that the mother cannot be retaliated like the father, a position that is also accepted in the penal regulations of the countries subject to Sunni jurisprudence. According to the famous Fatwa of Imami jurisprudence, the regulations of our country have specified the removal of retribution only against the father, and this issue has caused the legal doctrine of the mother to be subject to retribution..
In the present study, the issue is examined with a descriptive analytical method and it is clear that the only valid document of the famous fatwa of the jurists is the general reasons for retribution, which in other cases, like the grandparents, have been left out for reasons that should apply to the mother in the first place; In particular, a parent who is not retaliated according to the hadiths is also referred to as a mother and also the hadiths do not say anything about the retaliation of the mother, and the companions did not even ask the infallibles about this issue. Evidence that exposes the mother's retaliation to suspicions that should be avoided. From a legal perspective, due to the lack of legal clarification, the mother can be excluded from retaliation based on the fatwa of the minority, especially the opinion of the leadership.