Excommunication Takfir of the Evil Acts in the Penal Policy of Islam

Although the criterion for deserving arbitrary punishment in the Penal Policy of Islam is the informed opposition to the divine obligatory rules (religious obligations and unlawful things), a number of institutions have been anticipated in the area of judgment like forgiveness by the ruler and situational repentance. One of these institutions which has been frequently referred in the Quran and Hadith is “excommunication of the evil acts”. Although it has been considered as an example of repentance or the same as it by a number of experts, it seems to be a different institution. It is a grateful-reductive institution based on which the lesser sins of the wrongdoer will be ignored if he/she avoids mortal sins. Takfir is considered by some of the experts to be related only to the otherworldly punishments. However, it has been considered by a number of jurists to be applicable to the worldly punishments. Although in the area of the worldly punishments, it is a subject limited to the arbitrary punishments, the question is that which group of arbitrary punishments are subjected to takfir; verbal or actual?The present article reviews this subject by a descriptive-analytical method. The results show that takfir is an action-controlling strategy in order to return the criminal to the path of justice, to prevent committing severe crimes, and to boost the spiritual level of the society. Furthermore, this is a comprehensive and independent canonical institution with a common criminal function beyond the time which is not specific to the afterworld. It also includes giving up the punishment of those who commit lessor sins. Of course, it does not include the importunate criminals who deliberately commit the lessor crime, as well as the verbal punishments, and the punishment specified for public-right crimes. Finally, this is completely different from the institution of repentance in terms of circumstances, perpetrator, type of sin, and function