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  • 6/19/2013

Enforcing divine laws and fix penalty (Hadd)


Another objective of the Islamic government is to enforce divine laws and fix penalty. Many Islamic laws need the backing of an executive power. Executing Islam’s criminal laws such as fix penalty (Hadd), blood money (restitution) and Equal Retaliation (Qisas) and also the holy duty of Jihad (fighting with the enemies of Islam and defending Muslims’ lands and rights) is not possible without establishing government and a powerful executive branch. Some levels of promoting virtue and preventing vice require executive power.

Therefore, one of objectives of the Islamic government is to carry out cannon law and apply Islamic fix penalty. Qur’an says: “[Believers are] those who, if We give them authority in the land, establish prayer and give zakah and enjoin what is right and forbid what is wrong. And to Allah belongs the outcome of [all] matters.”‌ (al- Haj: 41)

In other words, providing conditions for piety, serving God and praying is an obligation given to the political-religious society, particularly the Islamic government. Carrying out Islamic regulations is not to force people to accept Islamic ideas and laws. The duty of the clerics is to wisely persuade people to have intellectual and cultural activities. Qur’an says: Invite to the way of your Lord with wisdom and good instruction.”‌ (al-Nahl: 125)

Accepting the necessity of giving priority to cultural approach for promoting piety implies that in some circumstances there is no way but the interference of the government and resorting to force to enforcing divine laws and values, protecting people’s spiritual rights and maintaining divine values. Imam Ali says, “Certainly, there is no obligation on the Imam except what has been devolved on him from Allah, namely to convey warnings, to exert in philanthropy, maintain the tradition (Sunna) of the Messanger, enforce penalties on those liable to them and to distribute shares Bayt al-Mal to the deserving.”‌ [1]


[1]. Nahj al-Balagha, sermon 104.

Ahmad Niazi, graduate of Qom Seminary and Phd student of Al Mustafa international university

Source: political science journal, No. 3

Translated by: Sadroddin Musawi

Other links:

Development and Eradicating Poverty

Economic Self-sufficiency

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