Is delegation permissible for executing Hadd punishments established by God, such as those for theft or illicit sexual relations (Zina)?
General Chapter
Al-Mughni
Book of Agency
Primary text
Delegation in the execution of Hadd punishments is permissible. The Prophet Muhammad (peace be upon him) delegated the execution of a Hadd punishment by instructing Anis: "Go in the morning to this man's wife; if she confesses, stone her." Anis executed the stoning after her confession, which is agreed upon by Bukhari and Muslim. Similarly, the Prophet ordered the stoning of Ma'z, and they stoned him. Uthman delegated Ali to implement the Hadd for drinking against Al-Walid ibn Uqba, and Ali delegated Al-Hasan, who refused, so Ali delegated Abdullah ibn Ja'far, who executed it while Ali observed. Necessity dictates this allowance, as the Imam cannot personally oversee all such executions.
Supporting text
There is a difference of opinion regarding delegation for the *establishment* (proof) of these Hadd punishments. Abu Al-Khattab and Al-Shafi'i hold that delegation is impermissible for establishing them because Hadd punishments are negated by doubtful circumstances (Shubuhat), and delegation may lead to unjust imposition.