نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
The present study aims to examine the role of intent and motive in the realization of apostasy and to analyze their significance in judicial reasoning within the Iranian criminal justice system. In Islamic jurisprudence, apostasy is conceived as a voluntary and deliberate act, which only occurs when an individual consciously, freely, and genuinely decides to renounce Islam. Intent and motive, as the core subjective elements, serve as the criteria for distinguishing genuine apostasy from outward behaviors arising from ignorance, coercion, or misunderstanding. A precise analysis of these elements enables reasoned and fair adjudication consistent with the principles of criminal justice and human rights. Given the silence of the 2013 Islamic Penal Code on the definition and conditions of apostasy, this research—using an analytical–descriptive method and relying on authoritative jurisprudential and legal sources—investigates the position of intent and motive in determining apostasy and their implications for legal foreseeability, reduction of judicial inconsistency, and protection of individual rights. The findings demonstrate that a rigorous assessment of intent and motive not only determines the occurrence of actual apostasy but also provides a key mechanism for human-centered judicial decisions, preventing arbitrariness in adjudication and reconciling criminal justice with Iran’s international obligations on freedom of thought and religion. By offering a restrictive and human-oriented jurisprudential–legal framework, this study proposes a practical pathway for delivering reasoned and just rulings in apostasy cases, showing that intent and motive are not merely mental elements of the crime but the fundamental anchor
کلیدواژهها English