نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه فقه و اصول، دانشگاه جامعه المصطفی العالمیه، قم، ایران
2 دانشجو دکتری فقه و حقوق، دانشگاه تهران، تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
This study explores the legal perspective on apostasy, irrespective of its classification as a criminal act in a country's legal system. According to Article 167 of the Constitution and Article 3 of the Civil Procedure Law, civil consequences arise from apostasy against the apostate. The Imami jurisprudential viewpoint asserts that a Fetri[1] apostate, even when alive, is regarded as legally deceased. Consequently, rules applicable to the deceased, such as property division among heirs, the extinguishment of ownership and the capacity to own, and the annulment of financial transactions based on consensus and tradition, are extended to the Fetri apostate. This Imami perspective sets it apart from other Islamic sects. The research critically examines the evidence supporting this ruling and analyzes its implications. Demonstrating the lack of unanimous consensus among early scholars on this matter and the absence of explicit indications from tradition, the study suggests resorting to general evidence. This evidence denies legal death for an apostate, considering him, like others, the rightful owner of his property, with properties undivided until after his death. Additionally, his financial transactions remain valid. The research adopts a descriptive-analytical methodology, drawing on the principles of customary jurisprudence and supporting evidence.
کلیدواژهها [English]
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