• Home
  • saleh montazeri
  • OpenAccess
    • List of Articles saleh montazeri

      • Open Access Article

        1 - A Jurisprudential Re-examination and Reflection on the Punishment of Innate Apostasy of Neutrality of the Problem
        Payam Forouzandeh (Corresponding author) Saleh Montazeri
        The jurisprudential nature of the neutral will affect this neutral in the assignment of rulings. Some jurists have considered third nature to be neutral. The result of this basis will be the non-implementation of any hadd (punishment) of natural apostasy on the neutral, More
        The jurisprudential nature of the neutral will affect this neutral in the assignment of rulings. Some jurists have considered third nature to be neutral. The result of this basis will be the non-implementation of any hadd (punishment) of natural apostasy on the neutral, but this opinion is against the well-known view of most jurists, who consider the human sex to be limited to male and female. The three other views in this regard, i.e. the view of neutral attachment in the punishment of innate apostasy, to a woman or a man, or optional in the implementation of one of those two hadds, are based on the most jurists views. This is despite the fact that the basis of the monopoly of human gender in being male and female has been criticized and there are many problems with it. The sure value of these problems will be the disappearance of the abstract knowledge of male or female neutrality and, as a result, the lack of a solid basis for all three aforementioned views. In this article, while examining the views of jurists, the authors have come to the conclusion that regardless of the acceptance of each of the aforementioned bases, the application of each of the hadd of natural apostasy of a woman or a man to the neutral has faced problems. As a result, the view of most Imamiyyah jurists, who consider the neutral in the innate apostasy of the woman, is criticized. Rather, his action will be subject to the Principle of "Al-Ta'zir li Kul Amal Al-Haram ". Manuscript profile