Hadith 186
۞
If it is said: Abu Ali has argued that in the conditions in which “those having a say” are not able to select an Imam, Allah performs acts that stand in place of enforcing the penalties and take away the excuse of duty-bound; and Abu Hashim has said that enforcing penalties is a worldly matter and has no relationship with religion.
فإن قيل: قد قال أبو علي إن في الحال التي لا يتمكن أهل الحل والعقد من نصب الإمام يفعل الله ما يقوم مقام إقامة الحدود ويزاح علة المكلف. وقال أبو هاشم: إن إقامة الحدود دنياوية لا تعلق لها بالدين.
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