Reconsidering the Criminalization of Apostasy with a Maqasid al-Shari'a Approach

Apostasy is among the acts its worldly punishment is controversial; Some people, citing the Hadith, consider the punishment of the apostate to be execution, and others believe that according to the verses of the Holy Quran, the foundations of the texts and the Maqasid al-Shari'a, the punishment of the apostate is in otherworldly and not worldly. In this article, with a descriptive-analytical method and using library sources, different points of view have been examined and the worldly punishment of the apostate has been criticized by emphasizing on the purposeful reading. In the Maqasid approach, it has been stated that the preservation of denomination as one of the Maqasids has its meaning in the light of preserving the whole denomination and reducing it to details has not been the concern of the Maqasids. In addition, the purpose of self-preservation from its spiritual-psychological dimension and the preservation of reason in this dimension, emphasizes on the need to pay attention to the freedom of belief as one of the Maqasids of Sharia which guaranties the freedom in realm of belief. Also forcing people to accept Islam is neither possible nor desirable, and God Almighty has denied any kind of reluctance and compulsion in accepting religion or continuing religious practice. Moreover, emphasizing the worldly punishment of the apostate causes people to hide their apostasy and another evil (hypocrisy) arises. In addition, interfering in the inner and hidden affairs of others, is against some other Maqasids, such as self-preservation and individual freedom.