ভূমিকা

Shiavault - a Vault of Shia Islamic Books The Rights of Prisoners According To Islamic Teachings Chapter 5: Rulings In this chapter some of the Fatwa's or decrees issued by Imam Muhammad Shirazi, relating to the circumstances of prisoner are presented. Only few rulings on specific queries are presented for brevity.

Imprisonment Under the Islamic system, prison is prescribed for specific cases, and therefore no one has the right to imprison someone except the legal Islamic judge/authority who can do so in the specific cases prescribed by Islam as mentioned in relevant books such as “al-Hudoud[^1]”. If the imprisonment was not in accordance with the criteria prescribed (by Islam), then it is permissible for the prisoner to escape on the condition this does not cause (him) harm.

Also it is imperative for he who is able to help the prisoner to escape to do so for this is a count of “prohibiting evil”. It is permissible to escape from prison under an oppressive regime, but in the case of a just and consultative system, one may not escape from the prison. The same is applicable in escaping from the ruling of the oppressive regime and the ruling of the just system.

This is because the ruling of the despot is not valid even if it is in accordance with the laws of the Shari'ah, since he has no right to implement the laws of the Shari'ah. As for the ruling of the just ruler, then it is imperative to implement it, if it is not known to be incorrect, but if it is known, then it is not imperative to abide by it. If one was illegally imprisoned, it is permissible for him to damage the building or dig a tunnel in order to escape.

As to whether or not he is responsible for the damage, it appears that if the place belonged to the oppressor, then the prisoner is not responsible, and if the place belonged to another individual from whom it was forcefully taken, then the oppressor is responsible for the damage. [The difference between confinement/restriction and imprisonment should be noted. If someone apprehends someone such that he cannot move or leave, and in this process he looses, say, his horse, vehicle, goods, etc.

then he is not referred to as imprisoned but he is confined or restricted.] The Rights of Prisoners According to Islamic Teachings Confinement If one is restricted or confined by another individual, the confined may take his case to the legal Islamic judge to prosecute the offender.