The Review of the Generalization of the Rules of the Shrine of Mecca to Mosques in Non-permissibility of the Implementation of the Hadd

According to Imamiyyah jurists, the implementation of ḥadd (definite punishment) and qiṣāṣ (blood ransom) in the case of a criminal, taken refuge to the Shrine of Mecca, is prohibited; rather, in this case, by imposing some restrictions, he should be forced to leave the Shrine and then the sentenced punishment should be implemented. Apart from this rule, confirmed by the jurists’ consensus together with lots of narrated documents, there is no valid devotional consensus about other holy places. The other places, where some jurists find the implementation of the ḥadd haram or reprehensible, are the mosques of Muslims. Considering the importance of enforcing the legal ḥudūd, according to Sharia teachings and due to the controversial documents of such a view, this problem-oriented and descriptive-analytical article discussed the jurists’ arguments, rejected all of them and found the permissibility of the implementation of the ḥudūd more compatible with the peculiarities and generalities of the reasons for the implementation. Of course, the author considered the issue in the light of the secondary titles and emphasized that in the case of titles, such as the weakness of religion, the implementation of the ḥudūd must be stopped with the discretion of the ruler of Sharia.