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

Nasiri Muqaddam, H.; Fathi Kate Gonbadi, S.; Aliakbari Babookani, E.

doi:10.22075/feqh.2017.1916

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

Authors

H. Nasiri Muqaddam

S. Fathi Kate Gonbadi

E. Aliakbari Babookani

10.22075/feqh.2017.1916

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 shiâit jurists believe that arresting persons claiming insolvency isnât permissible, and criticize the reasons of agreeing persons. Then they claim that on the charge of theft, according to the evidences, it canât 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 donât 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.

Keywords

temporary detention

safeguarding

precautionary

human rights

god rights