Objective: Freedom of expression is defined as the freedom of all individuals in a society in expressing their ideas and viewpoints on religious and political matters and is considered as one of the most important Islamic rights which has a vital effect on individual and social development and modification of different structures of society. Methodology: Thus, Islamic teachings, Quran verses, the narrations and lifestyle of Imams not only mention it as a right but insist on it as a religious responsibility and bind everyone to use this divine endowment. According to religious teachings, fundamental rights resources and many scholars in the world, freedom of expression can have its various functions if only it is implemented in a logical framework if regulations, since unlimited and uncontrolled freedom will cause numerous damages to the individual and community. Vilification of Prophet of Islam is one of the examples of cursing the Islam sacred things, but due to its importance, the execution penalty has been fixed for it. This law is one of the definite decrees of Islam. From what we have read in religious narrations, the punishment of vilifier does not depend upon the verdict of court and the hearer of the curse can enforce the law immediately; but according to the approved regulations, the death penalty should be implemented only based on the verdict of a fair court which acts upon the law (act 36 of Constitution) and if an individual is considered as an unprotected outlaw which deserves the capital punishment and is sentenced to death, the executor should prove his guilt in the court Results: Sunni jurisprudents know the insulter to the prophet an apostate, but Imam of Shiite and their followers state that the vilifier deserves discretionary punishment. The aim of present research is to study the crime of cursing the Prophet of Islam from the view of penal jurisprudence and its challenges against freedom of expression. Conclusion: The results indicate that cursing holy beings of Islam is not a simple crime against individuals, but beliefs, laws and even objects may be the victim of this crime. But there should be a causal relationship so that insulting them should be considered as vilifying the core of Islam. The other important point is that insulting Islam will be the subject of article 513 of Islamic penal code, unless it can be interpreted as a sacrilegious title such as “cursing the prophet” or “heresy”. Therefore, differentiating these two items is of high importance.
