the subject of this note is to determine the role of Islam in respecting the life of persons. Most Islamic jurists (fuqahā ) believe that the original principal about kafir (apostate) is the lack of respect for his life. Therefore, from their view, if kafir is not dhimmī (protected person) it will be kafir harbi (disbeliever who is in state of war) and if he is not mu’ ā had or musta’ man (protected) and even he is neutral, he will be mahdū r ad-damm ( مهدورالدم ) (he whose blood must be waste). The present note with restudying the Quranic evidences of two well-known and unwell-known opinions tries to reveal the general Quran idea about it. For this purpose, firstly, it will be clear the initial indications of the Quran verses with respect to the context of the holy Quran verses and close examination of the verity or actuality of the holy Quran verses. Then determining the connection of these two types of the verses, it is resulted that the true idea is to respect the life of the neutral original kafir.

Innate apostasy is one of the crimes that, if proven, is punishable by particular punishments in the criminal system of Islam. The question arises as to whether in the true sense of innate apostasy, being Muslim parents of an apostate is enough. Or, in addition to it, is it necessary to fully describe Islam for the person after puberty and the revelation of disbelief later on? In this article, we describe the role of defining and describing Islam for an apostate and the role of repentance in it with a descriptive-analytical approach. The results show that in addition to being Muslim parents of an apostate, the continuity of their being Muslim and the description of Islam and its provisions for a person during puberty are among the conditions for the realization of innate apostasy. Also, with regard to the question of whether the punishment of an apostate is in conflict with freedom of thought and the freedom of accepting religion, we have come to the conclusion that what is described as an apostate’ s punishment is in cases that the enemy and disagreeing apostate seeks to destroy society and its scientific environment and violate the rights of others, instead of using logical reasoning and scientific methods

Field and Aims: The right to freedom of religious belief is one of the recognized human rights endorsed by Islamic jurisprudence, the Iranian constitution and international documents. However, the departure of a Muslim from Islam and his entry into infidelity has been identified in the form of apostasy, and punishment has been prescribed for it in the Shari'a. Accordingly, we seek to answer the questions that, first of all, the existence of punishment for apostasy is not in conflict with the right to freedom of religious belief? Also, what is the approach of the Iranian penal system and international documents to this issue of apostasy? Methodology: This article is written in an analytical-descriptive manner. Findings and Conclusion: In reading Islamic texts, restrict verses, narrations, and verses, and dispel doubts and arguments. Also, verses that specify the principle of freedom of belief, all of them in a position to accept the principle of religion But after accepting Islam, he is deprived of the right to return along with promotion, propaganda and conspiracy. Considering that apostasy is defined in international documents, especially the 1951 Refugee Convention and the European Convention on Human Rights, in the category of political crimes, which is an exception to the extradition of criminals, so it is not possible to extradite convicts to apostasy. In Iran's criminal policy, there is a possibility of being sentenced to the most severe punishment for apostasy. Also, Iran's political crime law confirms the non-extradition of a political offender, but is silent about apostasy and does not say how it is carried out.

Mohsen Kadivar, in his treatise criticizing the punishment of the apostate and those exerating the Prophet, while criticizing the opinions of some jurists regarding the punishment of the ruling of the two, considers this issue as being the position of ifta and the enforcement of hudud to be solely the responsibility of the jurist and believes that the enforcement of hudud should be in the court. He is also of the opinion that the execution of the verdict of the apostate degrades the position of religion and is against the verses of the Qur'an and the custom of the wise. Among his other claims, we can mention the change of the subject of apostasy in relation to the beginning of Islam. The problem of this research is whether the punishment of the apostate and those exerating the Prophet would weaken the position of religion and be contrary to the mercy of Islam? The research method is analytical-critical, and findings of the research show that the wise manner of viewing cannot alone be a sufficient reason for the brutality of the punishment of the apostate, moreover such an attitude is in conflict with the rational and narrative evidence, and the change of the subject of apostasy does not have a defensible document either.

Apostasy, that in technical term means blasphemy after accepting Islam or giving up it, in Islamic jurisprudence, causes punishment and some important legal effects such as breach of marriage and division of properties between hairs at-law. Meanwhile the freedom of opinion in Islam is generally important and reputable. Therefore, some of religious scholars, in removing all the doubt that there is incompatibility between apostasy commandments and freedom of opinion in Islam, have argued on the axis of explaining the philosophy of apostate punishment by showing importance and it's bad conclusions and others, on the axis of apostasy proofs, have tried to reveal it's conditions and hence to adjust and purify the mentioned doubt. It is thought that the certainty signification of apostasy proofs is the man who is considered dangerous for Islam because of his actions after giving up of it in spite of society's illustration.

Well-known Imami jurists do not consider the repentance of a natural apostate permissible,at the same time, they give a fatwa not to accept his repentance. In contrast, well-known Sunni jurists issue a fatwa stating the obligation of the natural apostate to repent, which requires accepting his repentance. The narrations of apostate repentance are of three types,Some are absolute and silent about repentance. The second group speaks of the necessity of repentance. The third part is the narrations that speak about the impermissibility of the repentance of a natural apostate. This third part, the main documentary, is the cause of restricting the absolute narrations and also carrying the narrations of the obligation of repentance to non-natural apostates. The most important narration in the third part, which is acceptable both in terms of document and meaning, is the narration of Ali ibn Jaʿ, far from Imam Riḍ, ā,(as). Therefore, considering the importance of the issue of execution of natural apostate and its controversial nature in criminal and criminal societies, its analysis and evaluation seems necessary. According to the findings of this study, which is comparatively descriptive-analytical, this narration cannot indicate the sanctity of repentance by the ruler,Because it has been issued as an illusion of necessity. Hence the need for caution in killing, and in accordance with the principle of innocence, and the lack of text on not accepting the repentance of a natural apostate, the famous view of Imami jurists in this regard, is worth considering.

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.

Apostasy, meaning disbelief after faith, is one of the most controversial jurisprudential and legal issues and is divided into national and natural, each of which has a different ruling. There are different views about natural apostates in jurisprudential sources. Findings of the present research, using main and specialized sources based on descriptive-analytical method, show that all punishments are Ta‘zirs (offenses at the discretion of the judge), except those that according to authentic texts are Hodud (offenses fixed by the Quran or Hadith), such as adultery, sodomy, drinking alcohol, etc. The main issue in this research is accepting the repentance of the natural apostate in absolute terms, and the three sentences of execution, separation from wife and iddah of death (the waiting period after the death of husband), and the inheritance of heirs are overturned by the repentance of the natural apostate. In the meantime, we can refer to the views of Shahid Thani in Masalek and Lomah, Ghazi Ibn Barraj and Ibn Jonayd. One of the innovations of this research is the principle of Ta‘ziri nature of punishments and the lack of fixed punishments for all Ta‘zirs.