Is a claimant permitted to request the detainment of the defendant until distant evidence arrives?

Primary text

A claimant is not permitted to request the detainment (habs) of the defendant or the establishment of a guarantor for him until his distant evidence arrives. This position is explicitly stated by Ahmad. The rationale is that the claimant has not yet proven a right against the defendant that warrants detention or demanding a guarantor. Furthermore, detention constitutes punishment, which is not obligatory upon an innocent person against whom no right has been established. If this were permissible, every oppressor could detain whomever they wished without right.