The Jurisprudential Foundations of Mitigation in the Punishment of Apostasy in the Era of Occultation

Abstract

Given the social and cultural changes in the contemporary era, the theory of mitigation is presented as an approach based on humanistic and rational principles, aiming to alter the perspective on severe punishments and emphasize the reformation and rehabilitation of the apostate. This study, titled "The Jurisprudential Foundations of Mitigation in the Punishment of Apostasy in the Era of Occultation," examines the jurisprudential principles and rules related to the punishment of apostasy and the necessity of revising such punishments in the context of the Era of Occultation. Citing relevant jurisprudential foundations, including the necessity of preserving the human order, ensuring the psychological security of society, the principle of justice, the rule of expediency, and the decree of reason, the study underscores the need for mitigating the punishment of apostasy in the Era of Occultation. It appears that an inadequate understanding of religious foundations and the relationship between humans and God can lead to skepticism toward religion and fail to address emerging issues. Therefore, efforts to develop the theory of mitigation can contribute to improving social and cultural interactions and strengthening human foundations in Islamic society.