Is the guarantor obligated to present the guaranteed party if the latter is imprisoned by the judge?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If the guaranteed party is imprisoned by the judge, the guarantor fulfills the obligation by delivering them to the judge while they are imprisoned, because imprisonment by the judge does not prevent the creditor from realizing their right. When the judge demands presentation, the guarantor must bring the person before the judge's session, the judge rules between the parties, and then returns the person to custody. If a new right is established against the guaranteed party in favor of the creditor, the judge retains them either under the original claim or the claim of the creditor.