Is a claimant permitted to confine the defendant until near evidence arrives?

General Chapter

Al-Mughni

Book of Judicial Rulings

Book 64 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the claimant's evidence is nearby, he is permitted to confine the defendant until that evidence is presented. This is considered necessary for establishing the proof, as the defendant would otherwise leave the judge's assembly, and the proof cannot be established except in his presence. Since the claimant was able to bring the defendant before the judge to establish the proof against him, he is permitted to confine him there until the evidence is ready.

Supporting text

This differs from the case of distant evidence or evidence that cannot be brought immediately, as compelling the defendant to remain until distant evidence arrives would require detention or its equivalent, for which there is no legal basis.