The existence of Islam as a religion that is clean from all forms of coercion, including embracing religion, is shaken by the concept of fiqh which punishes death for apostasy. In addition, the law is claimed as part of the ijma 'ulama. This journal attempts to unravel the death penalty polemic through the approach brought by Shaykh Ali Jumah. The research model used in this study is a literature review through a qualitative approach. The results of this study indicate that the death penalty for apostasy is not actually based on the person's attitude of choosing to leave Islam. However, there are other attitudes that carry the consequence of death, namely because of ḥirabah (fighting Muslims) and/or betrayal of Islam (mufāriq lil jamā'ah). The claim of ijmaat in this case deserves to be doubted if one sees the motive for leaving Islam just because of disbelief. Because the two cases carried out by Rasulullah SAW. ever ordered his companions to kill the perpetrators of apostasy not solely for the motive of kufr. Rather, because there is a form of betrayal in that case. In addition, the ijma' claim regarding the consequences of death for apostates is strongly suspected of applying the pattern of saddan li al-dzariah or saddan li al-bab. This is meant to close the door on the opportunity for religion to be harmed by apostates.