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Is it permissible to detain an accused innocent person due to a private right when no public right exists?

1 min readAlso available in العربية

It is not permissible to detain an innocent accused person for someone who knows their innocence, because it is an injustice. Allah Almighty says: "And those who harm believing men and believing women for [something] other than what they have earned have certainly borne a slander and a manifest sin." As for detaining them before knowing their innocence, it is permissible for the ruler or his deputy to detain someone known for immorality and aggression, and someone whose status is unknown until an investigation is completed. As for the upright person, they should not be detained; rather, the one who accused them should be disciplined if they do not produce evidence. The jurists have divided the accused into three categories: one known for religiosity and piety, who should not be detained but rather the accuser should be disciplined; one whose status is unknown, who should be detained until their matter is clarified; and one known for immorality and aggression, whom the governor or judge should strike to extract an admission or reveal money.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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