The apostati̇ze in İslamic penal law and its assessment in the context of basic human rights

This study includes apostasy penalty, practiced in Islamic penal law and applied to people leaving from Islam, and how this penalty has relationship with the freedom of belief. This study consists of four chapters. In the first chapter, we stand on "crime" and "penalty" concepts in Islamic law. In this context, we have given the place some technical details as definitions and characteristics of the concept of crime and punishment and what will change penalty rate and shape which applied to the crime. In the second chapter, we have discussed that in which condition and terms the apostatize is regarded as a crime. We have also given place the word or action that requires people to be unbeliever, wanted features of person who changed belief, evidences brought with regard to that the crime of apostasy and overall evaluation of these evidences. In the third chapter, we have presented the death penalty, applied to crime of apostasy and situated in classical Islamic law books and differences of opinion on this issue. We have also discussed issues besides the death penalty as subject to this penalty, appreciated for apostates heritage; his/her financial savings and other sanctions such as marriage. In the fourth chapter, we have evaluated how the relationship between freedom of religion and penalty for apostasy. Although there are different opinions about which crime the punishment was appreciated; at the end of this study, we have concluded that penalty of apostasy in Islam, in itself, is not changing the heart of faith, on the contrary it is a punishment appreciated for changing the faith accepted as a citizenship/identity bond that was placed on the state ideology and regime. Due to the lack of a sanction on faith happening in conscience, there is no side of this punishment restricting freedom of belief that defined as "Treason" in human systems and the same as the crime against the regime and the state ideology. Keywords: Apostasy in Islam, crime, criminal, faith, freedom.