کتاب Enforcement of Hudud Punishments in the Age of Occultation

کتاب Enforcement of Hudud Punishments in the Age of Occultation – نگاهی پژوهشی به اجرای حدود در عصر غیبت

کتاب Enforcement of Hudud Punishments in the Age of Occultation اثری علمی و تحلیلی است که به بررسی اصول، مبانی فقهی و چالش‌های مرتبط با اجرای حدود در دوران غیبت می‌پردازد. این کتاب با رویکردی متفکرانه و استدلالی، نگاهی جامع به جایگاه و شرایط اجرای احکام حدود اسلامی در این دوره ارائه می‌دهد.

درباره کتاب Enforcement of Hudud Punishments in the Age of Occultation

این کتاب به موضوع حساس و پیچیده اجرای حدود اسلامی در دوران غیبت امام معصوم (ع) می‌پردازد. نویسنده با تکیه بر منابع فقهی، تاریخی و حقوقی، سعی در پاسخ به این سوال دارد که آیا اجرای این احکام در غیبت امکان‌پذیر است و تحت چه شرایطی می‌توان آن‌ها را اعمال کرد؟ مباحث مطرح‌شده در این کتاب، از نظریات مختلف فقها و دیدگاه‌های معاصر بهره گرفته است.

موضوعات کلیدی کتاب

• مبانی فقهی اجرای حدود: بررسی منابع اصلی اسلامی و دیدگاه‌های مختلف درباره شرایط اجرای حدود.
• نقش ولایت و حاکمیت اسلامی: تحلیل جایگاه ولایت فقیه در اجرای احکام در عصر غیبت.
• چالش‌های معاصر: پرداختن به موانع حقوقی، اجتماعی و اخلاقی در اجرای حدود اسلامی.
• ارتباط حدود با عدالت اجتماعی: بررسی تأثیر اجرای حدود در برقراری نظم و عدالت در جوامع اسلامی.

ویژگی‌های برجسته کتاب Enforcement of Hudud Punishments in the Age of Occultation

• تحلیل عمیق و جامع: کتاب با ارائه مباحث فقهی دقیق، به پرسش‌های مهم و اساسی در این زمینه پاسخ می‌دهد.
• رویکرد تطبیقی: بررسی دیدگاه‌های فقهای مختلف در طول تاریخ اسلام و تطبیق آن‌ها با شرایط معاصر.
• نگاه علمی و بی‌طرفانه: نویسنده با حفظ بی‌طرفی، به تجزیه و تحلیل موضوع از زوایای مختلف پرداخته است.
• مناسب برای پژوهشگران و علاقه‌مندان: این اثر به‌عنوان منبعی ارزشمند برای مطالعات اسلامی و فقهی شناخته می‌شود.

چرا کتاب Enforcement of Hudud Punishments in the Age of Occultation را بخوانید؟

این کتاب برای کسانی که به دنبال درک بهتر از مسائل فقهی و حقوقی مرتبط با اجرای حدود اسلامی هستند، یک منبع ضروری است. اگر به مطالعات اسلامی و مسائل حقوقی علاقه‌مند هستید و به دنبال تحلیل‌های دقیق و علمی درباره یکی از پیچیده‌ترین موضوعات فقهی هستید، این کتاب بهترین گزینه است.

مخاطبان کتاب Enforcement of Hudud Punishments in the Age of Occultation

• دانشجویان و پژوهشگران علوم اسلامی و فقهی
• علاقه‌مندان به موضوعات حقوقی و عدالت اجتماعی در اسلام
• اساتید و متخصصانی که به بررسی تطبیقی نظریات فقهی می‌پردازند
• کسانی که به دنبال پاسخ به سوالات مرتبط با جایگاه حدود اسلامی در دوران معاصر هستند

سفارش کتاب Enforcement of Hudud Punishments in the Age of Occultation

برای خرید این کتاب علمی و تحلیلی، به بخش فروشگاه سایت مراجعه کنید یا با ما تماس بگیرید. این کتاب می‌تواند مرجعی ارزشمند برای درک بهتر احکام اسلامی و چالش‌های مرتبط با اجرای آن‌ها باشد.

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Prolegomenon
People in a society are like organs of the body, and if one of them malfunctions, the health of the other organs deteriorates. Therefore, laws are implemented in all countries that ensure the welfare of society in various dimensions to prevent the violation of social rights. After the occultation of Imam Mahdi (AS), the idea of what the fate of the divine laws (especially the hudud punishments that have the aspect of due to God) will be has been one of the concerns of early and later jurists. According to some theologians, if the Occultation of Imam Mahdi (AS) is urgent, the Shari’a rulings are closed and the religious guardianship of the jurists is abolished, while if the Occultation of Imam Mahdi (AS) is considered wise, the closure of the Shari’a rulings is unjustified.
This book has been written in two parts to examine the enforcement of hudud punishments in the Age of Occultation. In the first part, generalities are given, and in the second part, definitions, concepts, requirements for judgment, and an introduction to the traditional basics and place of the enforcement of hudud are presented. Finally, conclusions and recommendations are given.

Foreword
After the occultation of Imam Mahdi (AS), the idea of what the fate of the divine laws (especially the hudud punishments that have the aspect of due to God) will be has been one of the concerns of early and later Shiite jurists. Among the existing ideas, two views have been expressed regarding the permission to enforce hudud in the Age of Occultation and lack of it. The study of these views is important because, on the one hand, the possibility of enforcing the hudud has been provided by the establishment of the Islamic government, and on the other hand, the enforcement of Islamic punishments has provoked strong international reactions. For this purpose, after introducing the preliminary issues, the view of impermissibility of enforcing hudud punishments, which claims that the enforcement of hudud punishments are assigned to infallible imams (AS), was first studied in this book to examine the “legitimacy of the enforcement of hudud and taazirat in the Age of Occultation.”
In this regard, after quoting the views of the jurists, the traditional and analytical evidence of this view such as the consensus narrated from Ibn Idris, the narration from al-Ash’athiyat, and the lack of authenticity of single tradition in the new criminal rulings were evaluated, and finally, the claim of belonging to the infallible Imams (AS) was not proven. After rejecting this claim, the view of permitting the enforcement of hudud punishments in the Age of Occultation was examined. The evidence of this view such as the application of the hudud evidence, the narration of Hafs ibn Ghias, and the Maqbula of Umar ibn Hanzala were challenged. As a result, with the completeness of some of this evidence, the legitimacy of the enforcement of hudud by the jurists was proved. In any case, in crimes such as insulting the Prophet (PBUH) and the Imams (AS), the public also has the right to enforce hudud under certain conditions. It also seems that after the establishment of the Islamic government and the enforcement of hudud by the guardianship of the jurist, other jurists are not allowed to enforce hudud.
The importance of the effects of accepting each of these two jurisprudential views, one of which will lead to the closure of hudud in the Age of Occultation, and the other will result in the equalization of the scope of authority of the guardianship of the perfect jurist with the infallible Imam in the enforcement of hudud, reveals the need for an independent explanation of this issue and a re-reading of ideas about it.
This book intends to study the issue of the enforcement of hudud in the Age of Occultation and provide an innovative and reasoned approach in this regard by rethinking the jurisprudential opinions expressed in this regard. This step will be just the beginning of a difficult path that requires the thoughts and criticisms of others to reach the desired destination.
There are four popular sayings about enforcing hudud in the Age of Occultation:
1. Some jurists have weakened the permission to enforce hudud in the Age of Occultation and have stopped discussing its enforcing or non-enforcing, such as Muhaqqiq al-Hilli and al-Shaykh al-Saduq in Ilal al-sharāyi;
2. Two famous jurists considered it impermissible to enforce hudud during the Age of Occultation, such as Ibn Zuhrah and Ibn Idris;
3. Al-Shahīd al-Thānī in Masalik al-afham ila tanqih shara’i’ al-Islam considered ta’zir necessary instead of enforcing hudud and relied on the spread of corruption, prostitution, and sins if hudud are not enforced to allow the enforcement of hudud in the Age of Occultation, arguing that ta’zir, which is the main punishment in Islam, is a way to prevent corruption and prostitution as hudud;
4. The last group votes for the permissibility of enforcing hudud in the Age of Occultation, provided that it is proved through the special Shari’a methods, such as the Grand Ayatollah Sanei.

Terminology and an Introduction to Requirements for Judgment
Judgment is one of the glorious positions assigned by the Almighty God to the Prophet (PBUH), by him to the Imams (AS) , and by them to the perfect jurist, the requirements for which are described below. Judgment has great dignity. Scholars have pointed out that the judge is rightly placed in the abyss of Hell, and it is quoted by Imam Ali (as) who said to Shoraih:
“O Shoraih! You are sitting in a place where only the Prophet, the successor of the Prophet, or wretched people sit.”
It is narrated from Imam Sadiq (AS) that “Fear not to rule because the government belongs only to the Imam who has the knowledge of judgment and is just among the Muslims, [i.e.] it belongs to the Prophet or his successor.” It is also stated in a narration that “whoever rules except what God Almighty has revealed, even if it is about two dirhams, has really become a disbeliever.”
It is stated in another narration that “the tongue of a judge is between two sparks of fire until he/she judges between people, then he/she will either in heaven or in hell.”
It is narrated from Imam Sadiq (AS) that “there are four types of judges, three of whom will be in hell and one in heaven: A man who intentionally judges unjustly will be in hell. A man who inadvertently judges unjustly will be in hell. A man who inadvertently judges justly will be in hell. “A man who intentionally judges justly will be in heaven.” If the judgment is accompanied by a fatwa, the risk of a fatwa will be increased. It is narrated from Imam Baqir (AS) that:
“Whoever issues fatwas to people without divine knowledge and guidance, the angels of mercy and the angels of torment will curse him, and the misfortune of the one who has acted on his fatwa will reach him.”
There are several verses in the Holy Quran in which God Almighty has assigned the judgment to Himself and the Holy Prophet (PBUH). In any case, before the Holy Prophet (PBUH), the previous prophets also ruled among their people according to the book given to them by God (Al-Baqarah: 213, Hadid: 25).
In the Qur’an, God Almighty calls those who turn to an unjust judge for judgment unbelievers and commands that believers should disbelieve in such an oppressive judge who is an example of Taghut and spreads the will of Satan (An-Nisa: 60) . God Almighty knows the legislation and ruling only for Himself: None can command except Allah (Al-An’am: 57, Yusuf: 40). One of the important duties of the Holy Prophet (PBUH) is to rule among the people according to the Qur’an and by what God reveals to him (by what Allah has shown you) (An-Nisa: 105). In the following verses of this surah, God warns His Messenger severely not to take sides with traitors and sinners in judging.
The main question is who is in charge of judging in the Age of Occultation? In the book Tahrir al-Wasila, Imam Khomeini (r.a.) has considered absolute ijtihad (ijtihad Mutlaq) as one of the requirements for a judge. In the book of Velayat-e-Faqih (Islamic Government), he has also discussed in detail and concluded as follows:
“The position of judge belongs to a just jurist. This is one of the necessities of jurisprudence, and there is no contradiction in it. Now it must be seen whether the jurist has the requirements to judge. The jurist here means “just”, not every jurist. The jurist is naturally knowledgeable about judgment because the jurist refers to someone who is not only knowledgeable about the laws and judicial procedure, but also knowledgeable about beliefs, laws, regulations, and ethics. It means to be a theologian in every sense of the word. When a jurist is also just, he has two requirements. According to Imam Ali (AS), these requirements (judgment) do not apply to anyone other than the Prophet or his successor. Since the jurists are not prophets, they are his successors. Therefore, the unknown can be deduced from the known that the jurist is the successor of the Holy Prophet (PBUH). He is the Imam of the Muslims and the head of the nation in the Age of Occultation and must be a judge. No one has the right to judge except him.”
Therefore, absolute ijtihad is a necessary condition for judgment. Other requirements must be added to this one, such as puberty, intellect, faith, justice, masculinity, legitimacy of birth, a’alamiyat (superiority in learning), and non-forgetfulness (Tahrir al-Wasila, the qualities of a judge, the first issue).
If a person does not have some of these requirements, such as ijtihad and justice, and issues a ruling, according to the fatwa of Imam Khomeini, the signing of that ruling by the next judge is not permissible, but it is obligatory to violate it, even if we know that he has ruled following the legal rules (Issue 11).
Therefore, in the Holy Shari’a, the judge him/herself is completely relevant. Muslims and believers go to court to hear God’s command. After all, can an oppressor carry out God’s command even if he/she knows it?
According to the fatwa of Imam Khomeini (r.a.) In Tahrir al-Wasila, judgment is a general obligation for the one who deserves it, but holding it is forbidden for a person who is not competent, even if people believe in his/her competence. In 1982, the Islamic Consultative Assembly passed a law according to which one of the requirements for judgment is ijtihad. In any case, from the very beginning of the victory of the revolution, the question arose that who will be in charge of judging when there are not enough perfect jurists? According to Imam Khomeini (r.a.), those who are in charge of judging should know all four volumes of Tahrir al-Wasila from cleanness to blood compensation (diyat), and rule accordingly. Therefore, a person who is not a mujtahid obtains permission from the guardianship of the Islamic Jurist his time to judge with this condition.
Imam Khomeini (r.a.) has beautifully answered the question asked of him:
Question: Considering that the vast majority of men who are appointed to judge are not mujtahids, do not have a history of judging, and may not have any penchant and zeal, and therefore there is no correlation between crime and punishment, often when determining punishment in cases where the punishment is not legally determined, and there is a huge difference in cases of similar crimes, is it permissible for people to consider appropriate and equal punishments?
“The answer provided by Imam Khomeini: In the current situation, there is no problem for a group of jurists to review and comment on the above-mentioned cases, but it is temporary so that, God willing, the judgment will be correct.”
Terminology
It is worth mentioning that in the Islamic Penal Code, the prescribed punishments are divided into five types: hudud, qisas, diyat, ta’zirat, security, and correctional measures.
These five types will be the main terminology of this book, as well as the characteristics of the Age of Occultation that should be examined.
A. Hudud
Hadd refers to the punishments specified in the Quran and Sunnah, “As for the fornicatress and the fornicator, strike each of them a hundred lashes.”
In jurisprudential terms, hudud means some physical punishments with a certain amount that has been determined by the sharia for specific crimes.
Hadd refers to the punishments specified in the Quran and Sunnah, “As for the fornicatress and the fornicator, strike each of them a hundred lashes.”
In jurisprudential terms, hudud means some physical punishments with a certain amount that has been determined by the sharia for specific crimes.
According to the Islamic Penal Code of Iran, hadd is a punishment whose type, amount, and quality are determined in Sharia.
Various aspects have been mentioned for the use of the word hudud in this literal sense, including the fact that these punishments prevent criminals from repeating the crime, discipline them, or limit the occurrence of crimes. Therefore, its scope has been specified in Sharia in different cases.
In jurisprudential books, the word hadd is sometimes used for crimes whose punishment is hadd.
The word hudud is used fourteen times in the Qur’an, often with the interpretation of “Hudud Allah”, and means the commands and prohibitions of God. Hence, the Qur’anic concept of hudud is broader than the jurisprudential term.
In the traditions, hadd has several meanings, including the literal meaning, that is, deterrence, and other meanings, i.e., determined punishment (jurisprudential meaning), undetermined punishment, or any punishment.
According to the jurists, one of the requirements for enforcing the hadd is that the perpetrator should be mature and wise and that he/she should commit it with intent and authority and without coercion. Therefore, they do not consider the hadd enforceable, for example in cases of reluctance or coercion (such as committing adultery to save oneself from thirst or stealing in times of famine). The insanity of the perpetrator of a crime, after being sentenced to a hadd punishment, does not abolish it (Such as the sources in which they believe in enforcing the hadd on the insane in some cases).
Hudud refers to punishments whose amount and quality are specified in the Shari’a and their enforcement is considered by the legislator because its purpose is to defend the fundamental interests of society, so time and place play an important role in enforcing hudud. In other words, if the expediency of enforcing the hadd conflicts with more important expediency, the enforcement of the hadd will be temporarily suspended or reduced.
B. Enforcement of Hudud
In jurisprudential traditions and sources, while emphasizing the enforcement of hudud and its various benefits, the wisdom of legislating the rules related to hudud is sometimes mentioned. According to these sources, among the reasons for trying to enforce hududa are the prevention of encroachment on the pillars of society and public interests, namely the dignity, body, intellect, and property of human beings. It has also been said that the pain and physical discomfort caused by the enforcement of hudud punishment strengthens the deterrent force of offenders.
However, from a legal point of view, it is very difficult to prove crimes subject to had, and it requires a great deal of evidence.
C. The Age of Occultation
Throughout the centuries, Islamic scholars and thinkers, while expressing the words and traditions of religious leaders about the advent of Imam Mahdi (AS), have promoted this belief and, while protecting the idea of Mahdism and strengthening the intellectual foundations of waiting for the advent of a universal reformer, have answered the doubts of the opponents in this regard and have added to the solidity of this idea.
Before discussing the concept of the Age of Occultation, it is better to first answer the question of what was the reason for the division of the Age of Occultation into Minor and Major Occultations, what is the difference between the two, and how is the temporal boundary between the two occultations determined?
In our traditions, the two occultations of that Imam have been repeatedly mentioned, and many years before the birth of Imam Mahdi (as), it has been stated that he will have two occultations, each of which is different from the other.