Is it true that the majority of scholars, such as Ayatollah Sistani, believe that only an infallible leader can implement Hudud punishment? If yes, what political system should we aim for in the absence of our Imam (a)?
Wilayat al-Faqeeh (The authorities of the Jurist who is the Marje’ of Taqleed) is a matter of discussion between our jurists since hundreds of yeas till now. The majority of our Fuquhaa’ did not have the ability to implement Hudud punishments. Our political system is what the Prophet (SAWA) and Ahlul Bayt (AS) practiced and taught all Muslims, but it always depends on the circumstances and the possibilities of the Faqeeh. Faqeeh who is able to implement Islamic rules is called Mabsoot al-Yad مبسوط اليد . Most of our Foquhaa on our Shia history were never Mabsoot al-Yad.
We don’t raise slogans which are not easy or not possible to implement. When our Fuquhaa are able to implement Islamic rules , they will do whatever they can.
Wassalam.