Sayyid Mostafa Mohaghegh Damad: Difference between revisions

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== Suspension of Hudud in the Age of Occultation ==
== Suspension of Hudud in the Age of Occultation ==
Mohaghegh Damad considers the [[Implementation of Hudud during the Age of Occultation|implementation of Hudud]] to be among the most important Fiqhi issues, which has a direct link to [[Enjoining Good and Forbidding Evil]]. Based on narrations and the consensus of jurists, in the era of the presence of the Infallible Imam, it is to be implemented only by the Imam himself or his appointed deputy.<ref>Mohaghegh Damad, Fiqhi Rereading of Enjoining Good, Forbidding Evil, and Implementation of Hudud, pp. 127–128.</ref> In examining the issue of the specific appointment of those authorized by the Imam to implement Shari'ah Hudud, he points to the high sensitivity of these rulings—rulings that include punishments such as striking, wounding, and even killing; for this reason, some Shi'ite jurists consider the implementation of these Hudud permissible only through direct appointment by the Imam. This is with the clarification that the principle of implementing Hudud by the Imam is permissible, but its realization in practice is contingent upon the Imam possessing executive and governmental power.<ref>Mohaghegh Damad, Fiqhi Rereading of Enjoining Good, Forbidding Evil, and Implementation of Hudud, pp. 128.</ref>
Mohaghegh Damad considers the [[Implementation of Hudud during the Age of Occultation|implementation of Hudud]] to be among the most important Fiqhi issues, related immediately to [[Enjoining Good and Forbidding Evil]]. Based on Hadiths and the consensus of jurists, it is implemented only by an Infallible Imam himself or his appointed deputy if the Imam presents.<ref>Mohaghegh Damad, Fiqhi Reviewing of Enjoining Good and Forbidding Evil, and Implementation of Hudud, pp. 127–128.</ref> He points to the importance of the rulings containing penalties such as striking, wounding, and even killing when he discusses the issue of the specific appointment of those authorized by the Imam to implement Sharia Hudud; therefore some Shi'ite jurists consider the implementation of these Hudud permissible only through direct appointment by the Imam. Obviously It is one of Imam's power to implement Hudud, but its practical implementation depends on Imam's sovereignty and his executive power.<ref>Mohaghegh Damad, Fiqhi Reviewing of Enjoining Good and Forbidding Evil, and Implementation of Hudud, pp. 128.</ref>


In examining the status of implemented Hudud in the Age of Occultation, Mohaghegh Damad presents two main states from a Fiqhi perspective:
In examining the status of implemented Hudud in the Age of Occultation, Mohaghegh Damad presents two main states from a Fiqhi perspective: