What is the ruling on house arrest (إقامة جبرية) in Islam, and does it have a basis in the the Qur'an, the Sunnah, the consensus of the Companions, and the sayings of scholars?

Penalties in Islam are of two types: those pre-ordained by Sharia, such as hudud punishments, and those not pre-ordained by Sharia, which are called ta'zir. Ta'zir is established by the Quran, Sunnah, and consensus.

House arrest is permissible if ordered by a just judge and if there is a legal justification for it, as it is a type of ta'zir through imprisonment. Jurists have mentioned imprisonment in their books as a ta'zir punishment. Examples include what was reported from Malik regarding the imprisonment of an accused person, and what Al-Ansari said: that ta'zir can be achieved through imprisonment, flogging, slapping, or scolding. Also, Ibn Taymiyyah stated that whoever harbors an innovator (muhdith) should be punished with imprisonment and beating until the innovator surrenders. Ibn Muflih also mentioned the imprisonment of a person whose status is unknown (mastur) until his situation becomes clear.

The Prophet, peace and blessings be upon him, once imprisoned a man on suspicion, then released him. Al-Tirmidhi titled a chapter on this: "Chapter on what has been reported regarding imprisonment on suspicion." Ibn al-Mubarak interpreted "his punishment" in the hadith: "The delay of a wealthy person makes his honor and punishment permissible," as the imprisonment of the procrastinator.