Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

A comparative study of heresy and its punishment in Islamic jurisprudence

Document Type : Original Article

Authors
1 Doctoral student of Fiqh and Fundamentals of Islamic Law, Faculty of Law, Theology and Political Science, Science and Research Unit, Islamic Azad University, Tehran, Iran
2 Associate Professor, Shahid Motahari University, Tehran, Iran
10.22034/jccj.2025.382069.1177
Abstract
Abstract

Any addition to the religion or subtraction from it, without a specific or general Shari'ah reason and basis and citing it to the religion, is considered heresy. Bid'ah is forbidden according to the jurists of all Islamic schools of thought. By looking at the evidence of ijtihad, we find that heresy that leads to apostasy or where the heretic invites people to his heresy is criminalized and the heretic deserves punishment. Sharia has supported religion as the goal of Sharia by identifying the criminal mechanism. In this article, jurisprudential information related to the criterion of heresy and the reasons for its punishment are analyzed in a descriptive and analytical way, and the opinions of jurists of Islamic schools are presented in this field.
Keywords

Volume 6, Issue 1
Winter 2026

  • Receive Date 18 January 2023
  • Accept Date 13 September 2025
  • Publish Date 21 March 2026