A surety has assumed liability by agreement for an enforceable financial obligation. This is different from being liable solely because an injury occurred.
Example: Zayd borrows, and Bakr validly guarantees a presently due repayment. If Bakr claims inability, the judge first examines the validity of the suretyship, whether payment is due, and his means.
The mere mention of suretyship does not authorize detention for an unproven or not-yet-due obligation.
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The role of contractual suretyship
Kitab al-Hajr: Claimed Insolvency, Detention and Release
A surety has assumed liability by agreement for an enforceable financial obligation. This is different from being liable solely because an injury occurred.
Example: Zayd borrows, and Bakr validly guarantees a presently due repayment. If Bakr claims inability, the judge first examines the validity of the suretyship, whether payment is due, and his means.
The mere mention of suretyship does not authorize detention for an unproven or not-yet-due obligation.