حد الردة بين النص والتطبيق

Abstract

Abstract

The researcher has started from the point of the theoretical contradiction between the Qur’anic text - which considered freedom as a prerequisite for testing - and the texts of jurists that legalized the punishment of apostasy .So based on what evidence did the jurists legalize this punishment? Is applying this punishment by ISIS practical to what the jurists said, or did they contradict it? This study is to explain the meaning of apostasy and the base of the jurists regarding the punishment of killing an apostate, and to resolve the conflict between killing an apostate and the freedom of the belief, explaining how ISIS applies this punishment with the comparison to the sayings of the jurists. The researcher relied on the descriptive method, including related comparison and analysis. One of the results of this research was that the majority of jurists agreed the apostate is asked to repent, otherwise he will be killed. The judgment of the female apostate among the majority of Mathaheb is like a male apostate, except for the Hanafis, where they forbade killing women in order to forbid the killing of women, and because the reason for killing is for fighters and fighting is not in the women’s nature. Many contemporary jurists considered that the reason for the punishment of apostasy is warfare, not disbelief and abandonment of Islam, so there is no apostasy punishment when its done individualy. The punishment of apostasy gave ISIS the excuse to kill its opponents.