The basis for imprisoning the transgressor is only when the hadd (fixed punishment) is established
Machine translationRead the Arabic original
Question:
Honorable Shaykh, what is the basis for imprisoning the transgressor, given that the Sunnah only mentions the hadd?
Answer:
It may be for the sake of verifying the case against him, and imprisoning him to verify the case so that he does not flee until the Sharia ruling is carried out against him. There is no harm in that, and no harm in his imprisonment until either a hadd is established against him or nothing is established and he is released. If people were left to their own devices, corruption would spread, so there is a public benefit in imprisonment.
Honorable Shaykh, what is the basis for imprisoning the transgressor, given that the Sunnah only mentions the hadd?
Answer:
It may be for the sake of verifying the case against him, and imprisoning him to verify the case so that he does not flee until the Sharia ruling is carried out against him. There is no harm in that, and no harm in his imprisonment until either a hadd is established against him or nothing is established and he is released. If people were left to their own devices, corruption would spread, so there is a public benefit in imprisonment.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب حد الشارب وبيان المسكر — islamhouse.com (1:12:57)
The Arabic text is a machine transcription of the audio recording.