عقوبة الردة المجردة و استتابة المرتد في الشريعة الإسلامية و قوانين بعض الدول العربية : دراسة مقارنة

الملخص EN

In the context of globalization, the problem of the Muslim’s renunciation of his religion without infuencing the social system (common apostasy) imposes itself on researchers to consider the opinion of the ancestors about its penalty, which is execution.

This was their judgment based on certain evidences, or it is a discretion that is subject to debate.

However, there have been contemporary attempts which denied that the common apostasy (ridda mujarrada) is a crime, and there were other attempts which confrmed that it is a crime violating the public order, and entails a penalty determined by the legislators.

The research concluded that it is a crime between the person and his god, and that it does not include a violation of the public order.

However, the ruler has the right to assign a penalty thereto if he fnds cause to do so.