A reflection on the validity of imprisonment and temporary detention as a safeguarding and precautionary action in the Islamic jurisprudence

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Abstract

In this paper, the authors after assuming the kinds of imprisonment and temporary detention as a safeguarding and precautionary action on the human and god right, at first, consider some individuals rights consisting the financial and bodily rights, and then, contrary to the famous shi’it jurists believe that arresting persons claiming insolvency isn’t permissible, and criticize the reasons of agreeing persons. Then they claim that on the charge of theft, according to the evidences, it can’t arrest the accused and in the continuation, they allow temporary detention for accused of wilful murder, and think that the reasons of opposing persons fail to prove their claims, and demonstrate the evidences in addition to the evidences of agreeing persons. Concerning the charges of assault and battery, authors in agree with shahid avval and mohaggeg-e-sabzevari, believe that the accused can be arrested temporarily, and in their view, the proofs of some who don’t agree with temporary detention is imperfect in proving their claims, and criticize them and in addition to proofs of who agree with being permissible, they bring about more documentary evidences, too. On the charge of manslaughter, they forbid temporary detention. And eventually, on the charge of criminal act in divine rights, in addition to lacking of reasons for legitimacy of temporary detention, they provide the evidences indicating it is not to be allowed.

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Journal of Studies in Islamic Law & Jurisprudence
Volume 6, Issue 10
July 2014
Pages 211-238

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