Before determining detention for a claimed inability to pay, four separate questions should be answered:
1. Is the legal debt established and presently due?
2. Did the obligation arise from prior receipt, contractual commitment or compensation for harm?
3. What credible proof exists of current assets or their absence?
4. If an inquiry led to detention, did it reveal resources or establish grounds for release?
Liability, actual means and the decision on detention are separate stages. A single blanket outcome cannot replace these distinctions.
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Four necessary questions before detention
Kitab al-Hajr: Claimed Insolvency, Detention and Release
Before determining detention for a claimed inability to pay, four separate questions should be answered:
1. Is the legal debt established and presently due?
2. Did the obligation arise from prior receipt, contractual commitment or compensation for harm?
3. What credible proof exists of current assets or their absence?
4. If an inquiry led to detention, did it reveal resources or establish grounds for release?
Liability, actual means and the decision on detention are separate stages. A single blanket outcome cannot replace these distinctions.