Comparison of Civic Effects of Apostasy in Islamic Jurisprudence and Iranian Law

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Shia Ali Jalil; Sheikholeslamy Abbas

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Journal: FIGHE MOQARAN Year:2019 | Volume:7 | Issue:13 Page(s): 271-296

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Information Journal Paper

Title

Comparison of Civic Effects of Apostasy in Islamic Jurisprudence and Iranian Law

Author(s)

Shia Ali Jalil | Sheikholeslamy Abbas | Issue Writer Certificate

Keywords

Apostasy

Civic Effects of Apostasy

Apostasy in Jurisprudence

Apostasy in Law

Abstract

Apostasy in the jurisprudential texts of Islamic religions has very difficult consequences. However, in the rules of the law, this act has not been recognized and no punishment has been set for it. Brief legal material referring to the topic of Apostasy does not include the determination of punishment for the apostate. Given the fact that the constitution of Islamic Republic of Iran considers it necessary to refer to credible Islamic sources, in the event of silence, defect, urgency or conflict of laws, criminal prosecution of apostates in criminal cases and the determination of civil liability in civil cases, according to valid legal texts is necessary. The civil effects resulting from Apostasy include the dissolution of marriage, confiscation of property, deprivation of inheritance, and the fall of guardianship on the child. The criminal effects of Apostasy are imprisonment and execution depending on the type of Apostasy and gender of the apostate. Findings of the research confirm that, however the law is silent about Apostasy and there is a controversy among the jurisprudents about the punishment of the apostate, there is no doubt about the exertion of civic effects on the apostate person.

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APA: Copy

Shia Ali, Jalil, & Sheikholeslamy, Abbas. (2019). Comparison of Civic Effects of Apostasy in Islamic Jurisprudence and Iranian Law. FIGHE MOQARAN, 7(13 ), 271-296. SID. https://sid.ir/paper/267005/en

Vancouver: Copy

Shia Ali Jalil, Sheikholeslamy Abbas. Comparison of Civic Effects of Apostasy in Islamic Jurisprudence and Iranian Law. FIGHE MOQARAN[Internet]. 2019;7(13 ):271-296. Available from: https://sid.ir/paper/267005/en

IEEE: Copy

Jalil Shia Ali, and Abbas Sheikholeslamy, “Comparison of Civic Effects of Apostasy in Islamic Jurisprudence and Iranian Law,” FIGHE MOQARAN, vol. 7, no. 13 , pp. 271–296, 2019, [Online]. Available: https://sid.ir/paper/267005/en

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