الحبس الاحتياطي وأحكامه في ضوء السنة النبوية: دراسة حديثية موضوعية

Abstract EN

The researcher extrapolated the hadiths that were mentioned on the subject of pretrial detention and found five hadiths: 1.the hadith of Bahz bin hakim on the authority of his father on the authority of his grandfather; 2.the hadith of Abu Hurairah, what is correct about it is that it is transmitted from the narration of Arak Bin Malik, 3.the hadith of Anas Bin Malik, which is weak; 4.the hadith of Nabeesha, which contains weakness; and 5.the hadith of Nu'man Bin Bashir which is authentic.

All of these hadiths indicate the legitimacy of pretrial detention.

the researcher concluded that the precautionary prison is not intended as punishment, but rather aims at observing the condition of the accused and his/her relationship with the accusation against him / her.

it is intended as a precaution for the public interest, either to prevent harm from or against the accused.

the research also presents discussions about the location and duration of pretrial detention and guarantees of pretrial detention.