معيارشناسي ضروري دين در احكام كيفري اسلام

The criterion of recognition of necessities of religion in penal awards of Islam

Apostasy means leaving or giving up of Islam, and has numerous causes that lead to deny God and the prophet or offend or insult to them. One of the causes of apostasy that has special awards in penal system of Islam is denying one of the necessities of religion. There is controversy about necessities of religion more or less among fuqaha. Its origin is the question: Is the meaning of denying the necessities of religion, its particularity in religion to he known to repudiator? Although the repudiator is not aware of its necessity, does the necessity have subjectivity in actualizing the Apostasy? Explaining the necessity of religion we consequence that denying necessities of religion in addition to necessity of particularity of the thing denied is demonstrated and explicit to repudiator In this writing. Therefore the ignorant unaware repudiator is not condemned to Apostasy and we discuss if denying necessities of religion by itself causes apostasy, causes the Apostasy just because of implying to deny divinity of God or prophecy of Mohammed after mentioning of fuqahaʹs awards in the case and studying of the reasons, the implication doctrine is approved by enough reason.