Is delegation permissible for establishing proof of Hadd punishments?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 2 · Bab 1

Open in Qurani

Primary text

Delegation for establishing Hadd punishments is permissible. The evidence for this is the Hadith of Anis, where the Prophet delegated him both to establish (via confession) and to execute the punishment, stating, "If she confesses, stone her." This indicates that the matter was not yet established when delegation occurred. Furthermore, when a judge appoints a deputy, it generally includes Hadd punishments; therefore, if included generally, it must be valid through specific delegation. The delegate acts in place of the delegator regarding negating Hadd by doubtful circumstances.

Supporting text

Al-Shafi'i and Abu Al-Khattab maintain that delegation for establishing Hadd is impermissible because these punishments are averted by doubtful circumstances, and delegation might lead to their imposition improperly.