Document Type : Original Article
Authors
1
Assistant Professor, Department of Islamic Jurisprudence and Fundamentals, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran.
2
Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran.
10.30510/psi.2023.334452.3276
Abstract
In Islamic law, it means deviating from the religion of Islam, which has a criminal character according to Islamic rules, and its punishment is one of the most severe punishments. However, according to some international human rights instruments, the criminalization of apostasy is in conflict with fundamental human rights, and in addition to the right to choose a religion, one must also have the right to change one's religion. In view of this obvious contradiction, it seems necessary to study the philosophy of criminalization of conversion in Iran in order to get out or at least reduce the contradiction. Intended; In this regard, paying attention to the jurisprudence of intentions and understanding the necessity of the existence of rulings, leads us to their philosophy. Criminalization and the punishment of apostasy as one of the topics of Islamic criminal jurisprudence, has been considered by its proponents and opponents. Regardless of the issue of boycotting apostasy in the Holy Quran and the Prophetic tradition, what is at issue, on the one hand, according to some texts, the boycott of apostasy has been emphasized and on the other hand, some believe that according to the principles The texts, the intentions of Islamic law, the critique of hadiths and narrations narrated in this regard, and the gathering of evidence, apostasy has been sanctioned and not sanctioned, and its criminalization cannot be consistent with these principles. In a clearer interpretation and in accordance with the present article and based on the necessities
Keywords
)