an agnatic heir, and similar cases.

Injustice often occurs on the part of both rulers and subjects: the former take what is unlawful, while the latter withhold what is due. Soldiers and farmers may likewise wrong one another; some people may neglect the jihad required of them; and rulers may hoard portions of Allah’s wealth that may not lawfully be hoarded. The same applies to punitive measures used to enforce financial obligations: some permissible or obligatory measures may be neglected, while unlawful measures may be taken.

The governing principle is that anyone who owes property must deliver it. This includes a man holding a deposit, funds for a profit-sharing venture or a partnership, property belonging to his principal, an orphan’s property (1), endowment assets, public-treasury funds, or a debt that he is able to repay. If he refuses [أ/ق 18] to deliver the property or discharge the debt that is rightfully due, and it is known that he is able to do so, he is liable to punishment until he produces the property or discloses its location. Once the property is identified, then even if he endures imprisonment (2), the claim is recovered (3) from the property itself, and there is no need to beat him.

If he refuses both to disclose where his property is and to make payment, he is to be beaten until he renders what is due or enables it to be rendered. The same applies if he refuses to provide the obligatory maintenance incumbent upon him despite being able to do so. This is based on the report of Amr ibn al-Sharīd (4), from his father, that the Prophet (may Allah’s peace and blessings be upon him) said, “Delay by one who can pay makes it lawful to censure and punish him.” It was narrated by the authors of the Sunan collections (5). He (may Allah’s peace and blessings be upon him) also said, “A wealthy person’s delay in payment is