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Information Journal Paper

Title

The Abolition (Nonsuit) of the Death Penalty of a Murtad Fitri in the Supposition of the Repentance and the Legality of Calling for the Repentance by the Judge

Pages

  309-330

Abstract

 According to the famous well-known imamayeh jurists’ fatwa, the punishment of a Murtad fitri (implies to a person has apostated from the faith in which he was born) is capital punishment meanwhile calling for the Repentance by the Ḥ ā kim al-Sharʿ (Arabic: حاکم الشرع) is not authorized. The most proof is the Islamic traditions which have prohibited calling for the Repentance. From the other side, they have established agreement between non-permissibility of calling for Repentance and non-acceptance of Repentance. Therefore, the apostate (Arabic: مرتد) who repents is not accepted his Repentance. Based on the findings of this research which has been adopted in the descriptive-analytic method, basically hadiths which imply to the prohibition of calling for the Repentance of the apostate do not mention forbidding but they have issued in the situation of the belief of the obligation, therefore, they present the authorization or at least indicate unclear (mujmal) and this results the ambiguity of hukm (legal ruling). By the way, non-acceptance of Repentance depends on the duration-permanence and continuity-of the title “ murtad” (the apostate) while istishab (Arabic: استصحاب) the presumption of continuity) of capital punishment decision which is related to period of the apostasy faces with usuli (means usul fiqh) deliberation like the change of subject (mawdu`). Therefore, it seems that there is no obstacle to be requested the apostate to repent by Ḥ ā kim al-Shar and if he is not named “ murtad” (the apostate) following capital punishment will be thought.

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    • Cite

    APA: Copy

    Moazzenibistgani, Hamid. (2021). The Abolition (Nonsuit) of the Death Penalty of a Murtad Fitri in the Supposition of the Repentance and the Legality of Calling for the Repentance by the Judge. CRIMINAL LAW DOCTRINES, 18(20 ), 309-330. SID. https://sid.ir/paper/964212/en

    Vancouver: Copy

    Moazzenibistgani Hamid. The Abolition (Nonsuit) of the Death Penalty of a Murtad Fitri in the Supposition of the Repentance and the Legality of Calling for the Repentance by the Judge. CRIMINAL LAW DOCTRINES[Internet]. 2021;18(20 ):309-330. Available from: https://sid.ir/paper/964212/en

    IEEE: Copy

    Hamid Moazzenibistgani, “The Abolition (Nonsuit) of the Death Penalty of a Murtad Fitri in the Supposition of the Repentance and the Legality of Calling for the Repentance by the Judge,” CRIMINAL LAW DOCTRINES, vol. 18, no. 20 , pp. 309–330, 2021, [Online]. Available: https://sid.ir/paper/964212/en

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