Author
Abstract
In Islamic law, prohibition and criminalization is based on purposes and goals that legislator (Allah) puts it in consideration. In this context, shedding light on purposive jurisprudence and understanding of necessity of Sharâia provisions existence, leads us to its philosophy. The criminalization and punishment of apostasy as one of the subjects in Islamic criminal law have been noticeable for proponents and opponents. Regardless of prohibition of apostasy in Holy Quran and prophetic tradition(Sunnah), the challenge is that criminalization and punishment of apostasy are emphasized by some Islamic texts, but on the contrary, some scholars believe that based on Islamic texts and shariâah purposes and in terms of criticizing of hadith texts, apostasy is prohibited and not criminalized, and its criminalization is not consistent with these foundations.
Keywords
)