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Issue Info: 
  • Year: 

    2023
  • Volume: 

    28
  • Issue: 

    101
  • Pages: 

    203-224
Measures: 
  • Citations: 

    0
  • Views: 

    101
  • Downloads: 

    13
Abstract: 

The repetition of a Hadd crime in jurisprudential-legal terms means that a person commits the same crime again after committing a Hadd crime and tolerating its Hadd punishment. Repeating a crime indicates that the offender has not been reformed and it is necessary a more severe punishment. The legislator of our country, while accepting the rule contained in Younis's Sahiha, which refers to the killing of the Ashab Al-Kabaer for the third time, has imposed this rule the fourth time by applying the rule of caution in blood. Therefore, the aggravation of the punishment for the repetition of Hadd crimes should be done only within the framework of this rule, and the requirement of the principle of innocence is that if a case does not have the conditions of this rule, he will not be killed. Apostasy, as one of the Hadd crimes, has different punishments depending on the perpetrator and the type of apostasy. In this article, while explaining the different views, it will be examined how the repetition of apostasy Hadd crime, whether it is committed by melli or fitri or by man or woman, does not fall within the framework of this rule and its repetition will not lead to killing.

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Author(s): 

NASEH A.A. | OMIDVAR J.

Issue Info: 
  • Year: 

    2008
  • Volume: 

    2
  • Issue: 

    3
  • Pages: 

    103-118
Measures: 
  • Citations: 

    0
  • Views: 

    1551
  • Downloads: 

    0
Abstract: 

The present essay deals with investigation if atmosphere of early Muslim society concerning apostasy. Juristic definition of apostasy, significance of clarifying the subject, its background in pre-Islamic great religions, and analytic-historical investigation of Quranic verses of apostasy are among subjects surveyed in this essay.

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Author(s): 

SAGHAFI SEYED MOHAMMAD

Issue Info: 
  • Year: 

    2011
  • Volume: 

    5
  • Issue: 

    20
  • Pages: 

    163-184
Measures: 
  • Citations: 

    0
  • Views: 

    1048
  • Downloads: 

    0
Abstract: 

Reform movement has frequently happened in political schools of thought and religion. The obvious example is the separation of the Communist China and Communism. There are also some similar cases in Islam and other religions. We can see two different aspects of reform movement through the early Islam's history and the life of Prophet Mohammad: once a person or a group of people rejected the Islamic culture and committed something wrong, and in some other cases the emergence of some important apostasy movements led to rebellion and social chaos. The examples are: false prophets as Asvad Anasi and Mosaylame Kazab, and the apostates avoidance to pay Zakat to the first Khalife. The question about the holy Koran and Prophet Mohammad's judgments on apostasy and the sedition of the oppositions can be discussed through history, theology, and sociology. This article provides comprehensive answers to this question.

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Author(s): 

Sadeqi Kashani Mostafa

Issue Info: 
  • Year: 

    2022
  • Volume: 

    18
  • Issue: 

    2
  • Pages: 

    483-503
Measures: 
  • Citations: 

    0
  • Views: 

    97
  • Downloads: 

    18
Abstract: 

Apostasy is a matter that affects people’s lives. In most the apostate is sentenced to death. Religious and jurisprudential government of Islamic Republic of Iran from one hand and the opposite views on the other hands add to the importance of this matter. The present article aims at studying and reviewing the quality and the quantity of what has been stated in the historical reports about apostasy and the killing of apostates. The main discussion is about the time of prophetic mission and the Holy Prophet’s practice as the Muslims’ major jurisprudential source. The article concludes that according to historical reports the execution of the people who were accused of apostasy is not clear and the order to kill them was given by the Prophet Mohammad (PBUH) was for other reasons. In addition, it seems that in a number of cases the murder of the apostates was influenced by the atmosphere at the time of the first caliph and the Raddeh wars in the Early Islam that many Muslims were killed on charges of conversion.

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Author(s): 

JABBARI M.

Issue Info: 
  • Year: 

    2014
  • Volume: 

    6
  • Issue: 

    1
  • Pages: 

    85-109
Measures: 
  • Citations: 

    0
  • Views: 

    1946
  • Downloads: 

    0
Abstract: 

Clarification of the meaning of apostasy and its application is one of the complexities of Islamic jurisprudence. This complication is doubled when «the Islamic state» aims to implement this agenda in «the modern world». Islamic juristconsults have elaborated on inborn apostasy and aquired apostasy mentioning verdicts for each in details. Some contemporary authors have also contributed to the satisfaction of seekers of knowledge about these verdicts, which are not repeated in this article. What is included here is a glance at the background of this concept in the Koran, quotations, and Islamic jurisprudence. It is a study of the concept of apostasy and the implementation of jurisconsult’s about it, and emphasizes the fact that sometimes change of religion is due to factors outside one’s control inevitably effecting change in human intellect and mind. Hence the punishment for apostasy is questionable because of its conceptual ambiguity and the punishment for it should be more discretionary than set.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2009
  • Volume: 

    11
  • Issue: 

    26
  • Pages: 

    125-150
Measures: 
  • Citations: 

    0
  • Views: 

    1160
  • Downloads: 

    0
Abstract: 

The issue of Muslim inheritance from an apostate and vice versa is a controversial one. Is there an inheritance relation between a Muslim and an apostate even if there exists a relationship based on blood or marriage or not? How do the five sects of Islam answer this question. What are their opinions and arguments?The present article intends to put forth the views of Muslim jurisprudents and to express their arguments and finally to criticize some of their views.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2016
  • Volume: 

    2
Measures: 
  • Views: 

    153
  • Downloads: 

    156
Keywords: 
Abstract: 

ONE OF THE MOST PROVOCATIVE CRIMES IN DOMESTIC AND INTERNATIONAL ARENA IS APOSTASY. APOSTASY MEANS RENUNCIATION AND APOSTATE IS DERIVED FROM THE SAME TERM MEANING SOMEONE WHO HAS RENOUNCED ISLAM. SOME PREREQUISITES ARE NECESSARY TO PROVE APOSTASY, I.E. MATURITY, COMMON SENSE, FREE WILL, DETERMINATION AND AWARENESS, HOWEVER, THERE IS DISAGREEMENT AMONG DIFFERENT ISLAMIC SECTS REGARDING THE NECESSITIES OF APOSTASY. IN ADDITION, ISLAMIC SECTS ALSO DO NOT AGREE ON THE WAYS OF PROVING APOSTASY. A SEVERE PENALTY WHICH DIFFERS ACCORDING TO APOSTATE’S GENDER LIES AHEAD FOR APOSTASY AND ISLAMIC RELIGIOUS ATTITUDE TOWARD APOSTATE’S PENALTY IS A LITTLE INCONSISTENT. THIS PAPER ATTEMPTS TO OFFER A COMPREHENSIVE STUDY OF APOSTASY (THE PREREQUISITES, WAYS OF APOSTASY).

Yearly Impact:   مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2015
  • Volume: 

    -
  • Issue: 

    8
  • Pages: 

    3-24
Measures: 
  • Citations: 

    0
  • Views: 

    2055
  • Downloads: 

    0
Abstract: 

the issue of apostasy (irtidad) 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 (irtidad) in any Articles or notes and has been silent. This purposeful silence implies that the legislator is not inclined toward criminalization of apostasy (irtidad). 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.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    6
  • Issue: 

    11
  • Pages: 

    57-73
Measures: 
  • Citations: 

    0
  • Views: 

    504
  • Downloads: 

    0
Abstract: 

Abul-Khattab (died in 138), the leader and founder of Khatabiyah group, is the most important exaggerator who ignored the Islamic teachings in the era of Imam Sadegh. This group is the most well-known and lasting exaggerators in the eras of imams. Like Abul-Khattab, Khatabiyah group is ignorant to Islamic teachings and apostate. Using a descriptive-analytical research method, this research is to answer this question that what hypotheses formed Khatabiyah's apostasy and how Imam Sadegh (A. S) confronted with this group? By investigating the early historical, narrative, and sectarian sources, it was revealed that Abul-Khattab and his followers proposed that knowing the Imam would relieve the obliged person's burden from fulfilling their religious duties and they imagined that the religious obligations and prohibitions are interpretable. Thus, they became apostate. Imam sadegh questions their false speculations critically and prohibited people from being in touch with them. On occasions, Imam Sadegh had cursed and disgusted Khatabiyah.

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Author(s): 

MAHAMED A.

Issue Info: 
  • Year: 

    2009
  • Volume: 

    3
  • Issue: 

    12
  • Pages: 

    1-28
Measures: 
  • Citations: 

    0
  • Views: 

    1094
  • Downloads: 

    0
Abstract: 

This article intends to elaborate on the causes of apostasy and some concerned issues so as to respond to a number of misgivings and questions in this regard. The historical study of this issue and research in the words of Loghavieen and religious jurisprudents as well as holy Quran verses and traditions specify one single fact: an apostate is the one who voluntarily and not in jest renounces one’s religious beliefs and resorts to unbelief. Thus, the heartfelt denial or doubt in religious beliefs does not make one an apostate but a disbeliever. This article also studies the innate and national apostasy, draws a distinction between them and explains their precepts.

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