Feasibility of the Occurrence of Apostasy due to Initial Declaration of Disbelief after Puberty in the Light of the Lawgiver’s Graceful Approach

Freedom of religion is among the important theological issues. Adoption of Islam is subject to the intellectual maturity of the duty-bound. In case a Muslim-born declares his disbelief after puberty, should he be considered apostate and deprived of his freedom of religion? Apostasy is among the Hudud (unalterable punishments prescribed by Sharia) not mentioned in the Islamic Penal Code and with respect to the dubieties concerning it, valid jurisprudential sources should be consulted. On the other hand, the opinions of the jurists, especially the later jurists, regarding the declaration of disbelief by a person born to a Muslim father after puberty are diverse and have prepared the ground for the appearance of the repelling dubiety concerning the Hadd of apostasy. Among the Imami jurists there are three viewpoints with regard to declaration of disbelief after puberty: some jurists consider him as a Murtad Fitri (a person born to a Muslim father who later rejects Islam) taking into account his inherited Islam; the famous jurists apply the rules of Murtad Melli (a person who converted to Islam and later rejects the religion) to him on the basis of Dar rule (the rule of avoiding Hudud due to doubt) and the necessity of being precautious to preserve the lives of people and some later jurists are of the opinion that he is a disbeliever because they condition apostasy upon real Islam. Since holding that the minor is a Muslim as a result of inheritance originates from the graceful approach of the Lawgiver, inherited Islam may not be a basis for imposing the punishment of apostasy. Accordingly, it is justified to consider a person born to a Muslim father who later rejects Islam as a disbeliever.