이란 형법의 배교죄 논쟁 연구

A Study on the Controversies Regarding Apostasy in the Islamic Penal Code of Iran

Iran has prosecuted many individuals on charges of apostasy. Muslims who hold different views from the conservative establishment, Christian converts and Bahá ís have been targeted of apostasy. In addition, Iran has used the charge of apostasy against her political opposition. Shari’ah law does not have a uniform definition of apostasy. While converting to another religion typically constitutes apostasy, jurists have various opinions on other acts that could render a person an apostate. The Islamic Penal Code has not defined apostasy. Therefore, judges have the discretion to adjudicate apostasy cases based on their own knowledge of Shari’ah law and fatwas. In many cases, the convictions have been eventually reversed, demonstrating the lack of clarity regarding apostasy laws. Prosecutions and convictions based on charges of apostasy and swearing at the Prophet are contrary to international human rights law. Iran is violating the freedom of thought, conscience and religion. Moreover, by imposing the death penalty for religious crimes, Iran is also violating the right to life.