The Theory of Eliminating the Death Penalty for Apostates During the Era Of Occultation

In the history of Islamic jurisprudence, the issue of apostasy and stubbornly leaving the religion was raised and various views were expressed regarding its criminalization and punishment. Some believed in execution and strict punishment for apostates. Some did not consider execution as a suitable punishment and opened a way to reform such people by applying milder punishment. In general, the popular view in this regard is the execution of a natural apostate and imprisonment for a national apostate. However, the authors' view, considering the time and place and the reformist view on the behavior of citizens and the observance of civil rights and human rights standards, does not believe in execution and alternative punishment can be used. This research was written in a theoretical type and the study path of Islamic jurisprudence and law and using the method of content analysis. The conclusion of the research is: An apostate will be reformed and educated with imprisonment, cultural work and appropriate punishment as long as his actions and actions do not lead to rebellion and war. However, if the apostate commits war or rebellion and causes corruption on earth, his punishment will be assigned based on this type of crime.