Punishment for Mere Ridda and Repentance in ʼIslām and Arabic Legislations A comparative Study

Abstract

In the context of globalization, the problem of the Muslim’s renunciation of his religion without influencing 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 confirmed 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 finds cause to do so.