The civilians’ rights in Islamic government: reviewing the verdict of apostasy because of its repetition
Subject Areas :Abdollah Bagheri 1 , seyyed Mohamadsadegh Aahmadi 2 , gholamhossien masood 3
1 - PhD student of Law Department, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran.
2 - Assistant Professor of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran. And
Assistant Professor of Law, Isfahan Branch, Islamic Azad University, Isfahan, Iran.
3 - Assistant Professor of Law , Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran.
Keywords: Islamic government, death penalty, apostasy, civilians&rsquo, rights,
Abstract :
As far as the penalty of the apostasy is concerned, in case of the repetition of the crime by the accused people, there is a debate among Imamieh religious scholars. The majority of the jurisprudents believe that in case of the repletion of the crime in the fourth time, the death penalty is unavoidable. On the contrary, other religious scholars are of the different on the issue. The present study, adopting an analytic and critical stance, has answered the question whether there is a sufficient evidence for accusing the people in the second or third and even the fourth time of apostasy to be sentenced to death penalty or not? The present study capitalizing on Iranian constitution which recommends that we should refer to the Islamic jurisprudence. The present study recommends that not to perform the death penalty in case of repeating the crime considering the fact the in Islamic punishment law, the crime has not been formalized
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