Analysis of Philosophy of Hudud based on Allameh Tabataba’i's View point

Editorial

Authors

1 Assistant Professor of Fiqh and the Principles of Islamic Law, Imam Khomeini International University, Qazvin; Iran;

2 M.A. in Fiqh and the Principles of Islamic Law, Imam Khomeini International University, Qazvin; Iran

3 M.A. in Fiqh and the Principles of Islamic Law, Imam Khomeini International University, Qazvin, Iran;

Abstract

Hudud is one of the most fundamental Islamic sentences which its implementation in society has been regarded as a priority and stressed by the divine legislator. But, today the question is that are Hudud's sentences anti-Human rights as the enemies of Islam claim or not? Thus, the author while explaining the philosophy and wisdom of the Hudud's sentences from the viewpoint of Allameh Tabatabae’i believes that the sentences are not against human rights but also as Allameh Tabatabae’i relying on verses of holy Qur’an believes that the implementation of each of these Hudud in society is for ultimate happiness and welfare of humankind. From his perspective, the philosophy of Had for adultery and qazaf  is for the survival of generations and community system; because with spreading of adultery and prostitution in society, people get less willing to marry and as a result , survival of humankind and community system are threatened. Similarly, the philosophy of drinking alcohols had which is based on the benefits of society and in order to protect the human intellect and prevent natural and moral harms. Considering the philosophy and wisdom of the implementation of theft's Had, Allameh Tabatabae’i considers it as a device for not corrupting the society; because according to his opinion, no crime as much as trampling rights of people can not corrupt the society. Because the most important thing that sustains a human society based on itself is the economic system of society, which God has placed it on the basis of the consistency of the social system, and the implementation of the Moharebeh's Had is also necessary in order to provide the safety and comfort of the community.

Keywords

Andisheh Allameh
Volume 3, Issue 4
September 2016
Pages 47-68

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