What is the ruling when a detainee claims imprisonment is due to testimony given against them and they wish to investigate the reliability of the witnesses?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If the detainee claims they were imprisoned because evidence testified against them concerning a right, and they seek to investigate the character of the witnesses, there are two differing views on the judge's authority to allow this. One view holds that the judge may not permit this, as imprisonment is punishment and should not precede the final establishment of the right against the detainee; thus, if the claimant confirms this reason, the detainee is not returned to prison. The second view holds that the judge may permit this, as the claimant has presented their case, and only the investigation remains pending; therefore, the detainee is returned to prison until the witnesses' character is examined.
Supporting text
If the claimant denies this reason and states that the judge has already confirmed the witnesses' integrity and ruled on the right, the claimant's assertion prevails, as the detention is presumed lawful.