Must the exiled person be confined in the town to which they are exiled?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 5 · Bab 1

Open in Qurani

Primary text

The exiled person must not be detained (habs) in the town to which they are exiled. This is the position held by Al-Shafi'i. The evidence is that confinement is an addition to the prescribed punishment not established by the Sacred Law, and thus it is not legislated, similar to adding to the specified period of a punishment.

Supporting text

Malik held that the exiled person must be detained.