Quduri also mentions detention for an unpaid debt. This is not a licence for a private creditor to imprison someone. Hanafi explanation places it within judicial proceedings, a determination by a judge and noncompliance with an enforceable obligation.
The sound distinction is that the pledgee retains his claim and may seek lawful judicial remedies. He cannot unilaterally deprive the debtor of liberty. Any real-world procedure is additionally governed by the applicable jurisdiction’s law.
Opening interactive controls...
Understanding classical judicial detention
Kitab al-Rahn: Partial Repayment, Agency to Sell and Pledgee Rights
Quduri also mentions detention for an unpaid debt. This is not a licence for a private creditor to imprison someone. Hanafi explanation places it within judicial proceedings, a determination by a judge and noncompliance with an enforceable obligation.
The sound distinction is that the pledgee retains his claim and may seek lawful judicial remedies. He cannot unilaterally deprive the debtor of liberty. Any real-world procedure is additionally governed by the applicable jurisdiction’s law.