نوع مقاله : مقاله پژوهشی
1 دانشجوی دکتری حقوق خصوصی دانشگاه آزاد اسلامی، واحد امارات
2 دانشیار دانشگاه آزاد اسلامی، واحد مشهد
عنوان مقاله [English]
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.