The answer: it is the governing authority—whether a judge, a ruler, or someone else. If he refuses, he is imprisoned at the request of the creditor—that is, the owner of the debt. The governing authority may imprison him in a public prison, in his own home, or in another house. The important point is that he is prevented from disposing of his property and from moving about freely.

His statement, “If he refuses, he is imprisoned at the request of its owner,” means: the owner of the debt. Here, “owner” carries the meaning of possessor, for the term has several meanings, one of which is possessor. Thus, if the creditor requests that he be imprisoned, he is imprisoned. The evidence for imprisonment is the Prophet’s statement, peace and blessings be upon him: “Delay in payment by one who is able is injustice; it makes his honor and punishment lawful.” (1)

“Delay” means procrastination, and “one who is able” is one capable of repaying. “His honor” means speaking about him in his absence by complaining that he is delaying payment. As for “his punishment,” the hadith does not specify its type. Some scholars therefore said that it means imprisonment. In my view, however, the hadith should be understood in its general sense: the punishment is whatever will make him repay what he owes. Imprisonment may be more effective in his case, causing him to hasten to repay; or beating may be more effective; or publicly exposing him may be more effective, causing him to hasten to settle the debt. The correct view is that the punishment is unrestricted and is left to the judge’s discretion. This applies when his property is sufficient to cover his debt.

But if he does not request it and says to the judge—for example—when he sees that he is proceeding toward