known for gambling and immoral practices that require money, although he has none, and the like. Such circumstances strengthen the suspicion against him. For this reason, a group of scholars have said that such a person may be interrogated by beating: the governor or judge may beat him—as stated by Ashhab, Mālik’s associate, and others—until he admits taking the property.

Another group have said that the governor may beat him, but not the judge. This was the position of a group of al-Shāfiʿī’s and Ahmad’s followers, as mentioned by the two judges, al-Māwardī and Abū Yaʿlā, in their respective works entitled al-Ahkām al-Sultāniyya (The Ordinances of Governance). It is also the position of a group of Mālikī scholars, as mentioned by al-Tarsūsī and others.

The official in charge may intend, through beating him, both to elicit a confession and to punish him for his known wickedness. Thus, the beating serves both as a disciplinary punishment and as a means of eliciting a confession. The official is not required to release all suspects until the owners of the property produce evidence identifying the thief.

“Rather, Allah revealed to His Prophet, concerning a case involving suspicion of theft, His words, Most High:

‘Indeed, We have sent down to you the Book in truth so that you may judge between people by what Allah has shown you. And do not be an advocate for the treacherous.’

‘And seek Allah’s forgiveness. Indeed, Allah is ever Forgiving and Merciful.’

‘And do not argue on behalf of those who betray themselves. Indeed, Allah does not love anyone who is treacherous and sinful.’

‘They conceal themselves from people, but they cannot conceal themselves from Allah. He is with them when they plot by night words that displease Him. And Allah fully encompasses all that they do.’

‘Here you are, arguing on their behalf in this worldly life—but who will argue with Allah on their behalf on the Day of Resurrection, or who will be their defender?’

And so on to the end of the verses. The occasion for this was that a group called Banū Ubayriq stole