The right to practice religion is one of the fundamental issues at the present time. This study seeks to examine how, if a person is free to choose a religion, this right corresponds with the rulings such as apostasy or primary jihad? The interpretation of some verses, especially the verse «لا إِکْ راهَ فِی الدِّین » "La ikrah fi al-din. . . " indicates that from the perspective of the Holy Qur'an, the right to practice religion is one of the basic human rights. The present study shows that God the Almighty has not forced human to accept a particular religion rather he has given them the right and freedom to choose a religion. There is no contradiction between the freedom of conscience [and the right to exercise religion] and the ruling of apostasy or Primary Jihad. However, a misunderstanding of the real life, in some cases, may seriously stop one from accessing the right to exercise religion.

During the history of human ideas many changes of thoughts happened of which can be counted ocuerrence of doubt in self-evident ideas. One of those self-evident ideas is the relation between right and religion. Though in religious thought there can be no doubt in inseparability of right and religion, as soon as theism was replaced with humanism, it was opposed to doubt. This paper, therefore, has intended to study religious right and irreligious right. To do so, theological, epistemological, ontological and humanistical principles of the latter have been introduced and critically studied. And finally the view of the paper on behalf of religious right has been explained.

Each of law schools is defining the "right" based on its epistemological foundations. In "legal positivism" the term of "right" is separate from any norms and values and only spoke the "ruler command" as the "right" because of the impossibility of an empirical science in value judgment and the claim of “the separation “is” from “ought to”. But in Islamic law the term "right" is apart from "ruler command" (law) and different and the "ruler command" (law) must be based on "right".Because norms and values has objective criterion, which provides the ability to measure their truth or falsity based on no monopoly of science in experimental science. And thus, the norms and values is going to a subset of science. Although there are some similarities between Islamic Law and Some branches of natural law regarding to the concept of "right" and may sometimes lead to the same conclusions in some branches, they are different in some results and modality of explanations and descriptions. The "right" in Islamic thought is "what is entirely consistent with real rules and objectives of universe". On the other hand, what is entirely consistent with real rules and objectives of universe, is "Sharia". Thus, the concept of "right" is inextricably linked with real rules and objectives of universe on the view of fixity and "Sharia" on the view of proof.