Shadowing a debtor (mulazama)

In the lexicon mulazama is to cling to a creditor. In law it is a measure a creditor takes to recover his right, close to imprisonment. ¹

Habs, in the lexicon restraint, is in law the restriction of a person from disposing of himself and going about his business. Both are measures used to secure the payment of rights. ¹

The majority agree on its legality and differ on conditions. The Hanafis allow the creditor to shadow a debtor even when his insolvency is proved; the Shafi'is and Hanbalis forbid anyone to pursue or shadow an insolvent debtor once the judge has found insolvency, and grant respite instead. The Malikis mention no such rule in the books consulted. ^{2 3}

For the Hanafis the creditor follows the debtor wherever he goes, does not confine him to a particular place, since that would be imprisonment which belongs only to the judge, and shadows him by day, not by night. ³

The creditor of a surety may shadow the surety if the principal is absent and the surety cannot produce him; the assignee may shadow the assignor's debtor. ^{3 4}