Volume 8, Issue 20 (2005)                   CLR 2005, 8(20): 187-210 | Back to browse issues page

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Moosavian S A. A Discussion on the Apostate's Repentance in Shi'a Jurisprudence. CLR 2005; 8 (20) :187-210
URL: http://clr.modares.ac.ir/article-20-11167-en.html
Qoum- member of Mofid University.
Abstract:   (12103 Views)
Shi'a jurists, view based on what narrate, the Prophet's household (p.u.t) make between the apostate born to a Muslim and the one born to a non- Muslim and then became a Muslim. The point of the distinction is that the former (murtadd fitri) is not asked to repent and the punishment (hadd) will be imposed on him while the latter (murtadd milli), is asked by the judge to repent and if he did, the punishment will be lifted. Now, if murtadd fitri happened to repent before introducing evidence – without duress and coercion – would it be of any help? Most of the jurists believe that this repentance is of no avail and it will not lift the legal consequences such as execution, separation from espouse, division of property among heirs. In this paper, I will first examine the evidence of such precept to conclude the if murtad fitri, repents before the introduction of evidence, at least the penalty (hadd) for apostasy will be lifted and the authorities fall short of covering this case. Then the issue of Istitabat (asking repentance) of apostate and its duration will be briefly discussed.
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Received: 2003/03/27 | Accepted: 2004/11/13 | Published: 2005/02/19

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