Sayyid Mostafa Mohaghegh Damad: Difference between revisions
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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> | 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> | ||
Mohaghegh Damad speaks of two situations in the Age of Occultation in which Hudud is implemented: | |||
* Implementation of Hudud by the command of an unjust ruler (Wali al-Ja'ir): In this situation, the implementer of Hudud acts according to the order of | * Implementation of Hudud by the command of an unjust ruler (Wali al-Ja'ir): In this situation, the implementer of Hudud acts according to the order of the ruler who lacks religious legitimacy. | ||
* Implementation of Hudud by a Faqih: Mohaghegh Damad presents three main | * Implementation of Hudud by a Faqih: in this regard, Mohaghegh Damad presents three main positions: | ||
# | # Suspending (Tawaqquf) implementation of Hudud, due to the absence of Imam's specific deputy in the Age of Occultation. | ||
# | # Implementation of Hudud by an all-eligible Faqih (Faqih Jami' al-Sharayit), citing the principle of the sufficiency of Wilayat al-Faqih. | ||
# | # Not implementing Hudud by Faqih, based on critical and refusal arguments against those two views. | ||
ِDiscussing the arguments of supporters and opponents of the implementation of Hudud by jurists in the Age of Occultation,<ref>Mohaghegh Damad, Fiqhi Rereading of Enjoining Good, Forbidding Evil, and Implementation of Hudud, pp. 135–145.</ref> he finally adopted the suspension view during the era of Occultation and presents his Fiqhi reasons in defense of this position.<ref>Mohaghegh Damad, Fiqhi Rereading of Enjoining Good and Forbidding Evil, and Implementation of Hudud, pp. 149–201; Mohaghegh Damad, "Hudud in Our Time: Implementation or Suspension?" pp. 61–78.</ref> | |||
== Theory of the Separation of Caliphate and Imamate == | == Theory of the Separation of Caliphate and Imamate == | ||