Vali-ye Faqih’s Authority in Changing Hodud Punishment in Islamic Government with an Emphasis on Imam Khomeini’s Viewpoints

Hodud punishment is one of the most complete penal laws in Islam in line with realization of penal justice. There should be a strong and secure sanction for realization of Hodud, otherwise the society, and consequently justice, will be at risk. The need for implementing Hodud punishment is an indisputable fact and a requirement for the post of Vali-ye Faqih or Guardian Islamic Jurist who is in charge of implementing Islam’s penal precepts such as Hodud punishment in line with observing the rights of Allah, the rights of people and preventing violations of government laws. Following an analytical-descriptive approach, this paper intends to provide an appropriate answer to the question of whether Vali-ye Faqih holds the authority to make changes in Hodud punishment in Islamic government. A contemplation on the meaning of Vilayat indicates that the word is synonymous with Imamate in a Muslim society and thus it is not an expression of Divine precepts only. An examination of the rational and narrative reasoning with an emphasis on the narrations underlining the authority of Vali-ye Faqih in Islamic government in the absence of the Imam of the Time, will prove that upon expediency or any reason of important foundation Vali-e Faqih can reduce or moderate Hodud punishment