Are there any scholars who disagree with substituting exile for imprisonment in the hadd punishment for zina?
The Malikis hold that a person exiled (mugharrab) should be imprisoned in the place to which they are exiled. In contrast, the Hanafis believe that imprisonment suffices for banishment (nafy), reasoning that "ghurbah" (exile/estrangement) can linguistically mean imprisonment, and that imprisonment prevents the spread of corruption. Among their proofs is the poet's saying: "Whoever finds his journey's end in Medina I and Qayyar within it are strangers (gharīb)," meaning imprisoned. The preponderant view is that "taghrīb" (exile) means banishment, as stated in Muslim: "one hundred lashes and banishment for a year." The preponderant view is also that the individual should not be imprisoned in the place to which they are banished, due to the lack of evidence or practice by the Rightly Guided Caliphs supporting it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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