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Jordan Journal of Islamic Studies

Jordan Journal of Islamic Studies

Abstract

The theme of precautionary custody is considered one of important topics related to human liberty and rights of person، so touched to the statement of the authority of the guardian in precautionary custody. And it is imperative to explain definition of precautionary custody and evidence of its legitimacy and types as well as determine who has custody of the precautionary custody including the amount of authority and an explanation that it is not permissible for the imam of arbitrariness in make decisions. So it is necessary that the custodian’s authority be diligently controlled and legitimized by clearly derived religious texts from the Quran and Sunnah and the rules of jurisprudence. If these controls are available in the custody، this helps in achieving the purposes of the law to protect the freedoms and legal rights of individuals.

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