سنن ابي داود
Abu Dawud
كتاب الأقضيةThe Office of the Judge (Kitab Al-Aqdiyah)
باب فِي الْحَبْسِ فِي الدَّيْنِ وَغَيْرِهِChapter: Regarding a person in debt, should he be detained?
Hadith 3630
اُردوEn
حَدَّثَنَا إِبْرَاهِيمُ بْنُ مُوسَى الرَّازِيُّ ، أَخْبَرَنَا عَبْدُ الرَّزَّاقِ ، عَنْ مَعْمَرٍ ، عَنْ بَهْزِ بْنِ حَكِيمٍ ، عَنْ أَبِيهِ ، عَنْ جَدِّهِ : أَنّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ " حَبَسَ رَجُلًا فِي تُهْمَةٍ " .
Bahz bin Hakim, on his father's authority, said that his grandfather told that the Prophet ﷺ imprisoned a man on suspicion.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit: If a person is accused but the reality is not clear, then it is permissible to detain him for a short period for the purpose of investigation until the reality becomes clear.
However, to prolong the period of detention without reason in an unusual manner (as is common nowadays) is, from a Shari‘ah perspective, questionable; many harms arise from this.
Benefit: If a person is accused but the reality is not clear, then it is permissible to detain him for a short period for the purpose of investigation until the reality becomes clear.
However, to prolong the period of detention without reason in an unusual manner (as is common nowadays) is, from a Shari‘ah perspective, questionable; many harms arise from this.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3630
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
There can be several reasons for this accusation and allegation:
He may have given false testimony,
or someone may have presented a claim of his being guilty,
or he may have had someone’s debt outstanding upon him,
then, upon his crime not being proven, he would have been released. From the hadith, it is also understood that detaining and imprisoning someone before the crime is proven is a matter established by the Shariah.
2:
For the complete hadith, see Sunan Abi Dawud, the referenced citation.
1:
There can be several reasons for this accusation and allegation:
He may have given false testimony,
or someone may have presented a claim of his being guilty,
or he may have had someone’s debt outstanding upon him,
then, upon his crime not being proven, he would have been released. From the hadith, it is also understood that detaining and imprisoning someone before the crime is proven is a matter established by the Shariah.
2:
For the complete hadith, see Sunan Abi Dawud, the referenced citation.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1417
