Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Muslim Self-Revenge in the Murder of an Apostate from the Perspective of Iranian Jurisprudence and Criminal Law

Document Type : Original Article

Authors
1 PhD Student of Fiqh and Fundamentals of Islamic Law, Department of Fiqh and Law, Faculty of Theology, University of Sistan and Baluchestan, Zahedan, Iran.
2 Professor, Department of Fiqh and Fundamentals of Islamic Law, Faculty of Theology, University of Sistan and Baluchestan, Zahedan, Iran. (Corresponding Author)
10.22034/jccj.2024.437217.1472
Abstract
Suicide and taking life from a person is one of the most important crimes against individuals. In the Islamic legal system, the punishment for murder, if it is intentional, is retribution and this punishment is mentioned in the Holy Quran as the source of society's life, but when it comes to Wasted blood people like the apostates, the matter is completely different. According to the importance of the discussion of apostasy and at the same time the ambiguity in the situation of murder of apostates based on this, the purpose of this article is to examine the possibility of Muslim retribution in committing a deliberate crime against an apostate from the perspective of Iranian jurisprudence and criminal law… he upcoming article is descriptive and analytical and has investigated the mentioned question by using the library method. The findings indicate that from the point of view of jurisprudence, punishing the apostate is the only duty of the imam and vice-imam and at the present time, the guardian of jurisprudence has delegated this authority to the courts of justice and it is within the scope of their duties. From the legal point of view, first of all, the Penal Law has not discussed the punishment of the apostate and according to the principle of the law of crime and punishment, the punishment of the apostate is in an aura of ambiguity. The jurists also disagree about the way to punish the apostate, that it is simply not possible for the judge to issue a fatwa. On the one hand, one of the most important challenges of acquitting the apostate murderer and not retaliating against him is that it is difficult to prove the apostasy of the victim. By proving the apostasy of the victim, he will be punished because killing the apostate is one of the duties of the government, but if he cannot prove the apostasy of the victim or prove his mistake in this regard, he will be punished.
Keywords

Volume 4, Issue 1
Winter 2024
Pages 209-221

  • Receive Date 29 August 2023
  • Revise Date 04 November 2023
  • Accept Date 05 March 2024
  • Publish Date 20 March 2024