Does the master have authority to implement punishments involving amputation (cutting off the hand for theft) or execution (for apostasy) upon his slave?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The majority of scholars hold that the master does not possess the authority to implement punishments involving amputation or execution, as these are reserved exclusively for the Imam. This is based on the principle that the default position is to delegate Hadd to the Imam because it is a right of Allah, delegated to his representative, similar to the situation for free persons. The delegation to the master is specifically limited to flogging because it is a form of discipline, which the master is already authorized to administer to his slave, whereas amputation or execution involves total or partial destruction of the body, which the master does not own or have authority over. The Hadith regarding the master's Hadd on his slave was specifically mentioned concerning fornication, and analogy is drawn only to similar punishments involving flogging.
Supporting text
There is another view, which is the apparent position of the Shafi'i school, that the master possesses the authority to implement all Hadd punishments, based on the generality of the Prophet's statement: "And establish the prescribed punishments upon those whom your right hands possess." It is narrated that Ibn Umar amputated the hand of a slave who stole, and 'Aishah did likewise. It is also narrated that Hafsa executed a female slave who practiced magic upon her. This alternative view asserts that these punishments are also Hadd, which are analogous to flogging.