Must the exiled person be confined in the town to which they are exiled?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
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.