The issue of apostasy (irtidād) and its capital punishment has been a circus and arena of the different thoughts and beliefs from the point of religion and out of religious look and human rights and it has provided troubles for statesmen and the Islamic jurisprudents and jurists. The legislator of Islamic republic of Iran has not determined directly a punishment for the offense of apostasy (irtidād) in any Articles or notes and has been silent. This purposeful silence implies that the legislator is not inclined toward criminalization of apostasy (irtidād). According to the Islamic traditions and infallible sayings, apostasy is a capital crime and sin but we will prove in this essay that the practical sirat ahl-al bayt and the Imami jurisprudents have been to tolerate apostates and forgive them for some advantages which it implies that the punishment of apostasy has been set aside. Moreover, it will be mentioned that the absoluteness of Islamic traditions (ahadith) indicates that the subject of apostasy is merely conversion to another religion and is restricted to the negation and lack of belief. Also it shows that the acceptance of repentance does not specify to the apostates who had previously converted to Islam from the other religion but also includes the apostates who was born in Islam and following the effects of repentance for them.
Muhaqqiq Damad, S. M., & Musavifar, S. M. (2014). The Crime of Apostasy (Irtidād) in the Islamic Traditions (Ahadith). Criminal Law Doctrines, 11(8), 3-24.
MLA
Sayyed Mustafa Muhaqqiq Damad; Sayyed Muhsen Musavifar. "The Crime of Apostasy (Irtidād) in the Islamic Traditions (Ahadith)". Criminal Law Doctrines, 11, 8, 2014, 3-24.
HARVARD
Muhaqqiq Damad, S. M., Musavifar, S. M. (2014). 'The Crime of Apostasy (Irtidād) in the Islamic Traditions (Ahadith)', Criminal Law Doctrines, 11(8), pp. 3-24.
VANCOUVER
Muhaqqiq Damad, S. M., Musavifar, S. M. The Crime of Apostasy (Irtidād) in the Islamic Traditions (Ahadith). Criminal Law Doctrines, 2014; 11(8): 3-24.
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