An update to this story.

TEHRAN: Iran's supreme court has overturned a death sentence handed down to Yusef Nadarkhani, a Christian pastor accused of apostasy for having converted from Islam, his lawyer told AFP on Sunday.

"The supreme court has annuled the death sentence and sent the case back to the court in Rasht (his hometown), asking the accused to repent," Mohammad Ali Dadkhah said.

Nadarkhani, now 32, converted from Islam to Christianity at the age of 19 and became a pastor of a small evangelical community called the Church of Iran.

He was arrested in October 2009 and condemned to death for apostasy under Iran's Islamic Sharia laws, which however allow for such verdicts to be overturned if the convicted person "repents" and renounces his conversion.

After his conviction was upheld by an appeal court in Gilan province in September 2010, Nadarkhani turned to the supreme court. His wife, who was initially sentenced to life imprisonment, was released on appeal.

The lawyer said the verdict had been read out to him on the telephone and that he needed to travel to Rasht, where Nadarkhani is being held, to see the ruling for himself.

Dadkhah said he himself was sentenced on Sunday by a Tehran court to nine years in jail and a 10-year ban on practicing law or teaching at university for "actions and propaganda against the Islamic regime".

The lawyer said he had been criticised for having cooperated with the Centre for the Defence of Human Rights, an organisation founded by Nobel peace laureate Shirin Ebadi, as well as for giving interviews to foreign radio stations.

"I have 20 days to lodge an appeal," he said.

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As Sheikh Muhammed Salih Al-Munajjid explains at Islam QA this is in accordance with Islamic teaching.

The apostate is not to be put to death immediately after he falls into apostasy, especially if his apostasy happens because of some doubt that arose. Rather he should be asked to repent and he should be offered the opportunity to return to Islam and resolve his doubts, if he has any doubts. Then if he persists in his apostasy after that, he is to be put to death.

Ibn Qudaamah said in al-Mughni, 9/18:

The apostate should not be put to death until he has been asked to repent three times. This is the view of the majority of scholars, including ‘Umar, ‘Ali, ‘Ata’, al-Nakhaii, Maalik, al-Thawri, al-Awzaa’i, Ishaaq and others. Because apostasy comes about because of doubt, and cannot be dispelled in an instant. Time should be allowed for the person to rethink the matter, and the best length of time is three days.