he proceeds with inquiries, or detains and punishes the suspects, he fears Allah Most High over taking action in a doubtful matter? He asks for a guiding rule for this situation and for dealing with highway robbers.

He replied:

As for allegations of theft, highway robbery and similar offenses, he may not entrust their investigation to someone whom he considers likely to act unjustly when he can appoint upright people to handle them to the extent possible. This is because people under suspicion fall into three categories.

One category consists of those known among the people for religious commitment and piety, who are not the sort to attract suspicion. Such a person is neither detained nor beaten. Indeed, according to one of the two scholarly opinions, he is not even required to swear an oath. Rather, many scholars state that whoever accuses him should be disciplined.

The second category consists of those whose character is unknown: they are known neither for righteousness nor for wickedness. Such a person is detained until his character has been investigated. Some have said that he is detained for a month; others have said that the length of detention is determined by the authority’s judgment. The basis for this is the report narrated by Abū Dāwūd and others:

“The Prophet, may Allah bless him and grant him peace, detained a man on suspicion.”

The imams have expressly affirmed this. Such a case is comparable to that of a person against whom someone brings a claim: he must attend the hearing before the authority adjudicating between them, even though this keeps him from his affairs. Likewise, this suspect may be kept from his affairs until his situation becomes known. Then, if inquiries reveal him to be righteous, he is released. If he is found to be wicked, he belongs to the third category: a wicked person who is known to have committed theft before, or is known for things that lead to theft—for example, someone who is