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Comparative Study of Female Apostasy in Islamic Jurisprudence and the Codified Laws of Muslim‑Majority Countries
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Maryam Azhdari Kousha1 , Ruhollah Akrami2  |
1- Ph.D. Student in Criminal Law and Criminology, University of Qom, Qom, Iran. 2- Professor, Department of Criminal Law and Criminology, Faculty of Law, University of Qom, Qom, Iran. |
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Abstract: (172 Views) |
Apostasy is one of the most contentious offenses addressed in Islamic jurisprudence and in the legal systems of certain Muslim‑majority states. Grounded in Qurʾānic and hadith‑based sources, this offense has been conceptualized in various ways within Islamic legal thought, particularly with respect to the classification of apostasy and the gender of the apostate. These divergent juristic approaches have, in turn, influenced the legislation of those states that have drawn upon Islamic jurisprudence in their law‑making processes. One notable area of divergence concerns the treatment of female apostasy and the sanctions prescribed for it. Employing a descriptive‑analytical framework and a comparative methodology, this study examines the criminalization of female apostasy in the major Islamic schools of law (Jaʿfarī/Shiʿi, Hanafi, Hanbali, Maliki, and Shafiʿi) as well as in the codified laws of selected Muslim‑majority jurisdictions. The analysis demonstrates that, in criminalizing female apostasy, these states—depending on the dominant juristic doctrine adopted by their legislators—have established diverse conditions and a range of penalties. |
Article number: 6 |
| Keywords: Apostasy, Women, Muslim‑Majority Countries, Ḥadd Punishment, Taʿzīr Punishment |
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Full-Text [PDF 800 kb]
(66 Downloads)
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Type of Study: Research |
Subject:
Special Received: 2025/07/21 | Revised: 2026/05/22 | Accepted: 2025/11/8 | Published: 2026/03/21
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