Individual bankruptcy And the consequences of that A comparative study between Islamic jurisprudence and Jordanian civil law
DOI:
https://doi.org/10.25255/jss.2023.12.2.18.51Keywords:
bankruptcy, stone, debtor, bankrupt, comparative jurisprudenceAbstract
It is known that the debtor is often exposed to something that prevents him from fulfilling his debt when the term comes; This is due to bankruptcy or other reasons that make him procrastinate in fulfilling his debt, and what is distinguished by Islamic law is its interest in the issue of “stone” due to bankruptcy in order to preserve the rights of creditors.
This research is concerned with talking about individual bankruptcy only, away from the bankruptcy of public and private institutions, as it needs independent research, as it is mostly represented by a moral personality, not by individuals. The content of the research lies in the treatment of those who are proven bankrupt or unable to pay their debts to be interdicted by the judge's ruling.
And Al-Hijr: is to prevent a person from disposing of his money or preventing him from implementing his verbal behavior; So as not to harm himself and others. And it is a legitimate matter when there is one of its causes, as evidenced by the Qur’an and Sunnah, so God Almighty has forbidden us to enable fools to get money; Because they are not good at disposing of it, and if fools spend their money, they squander and waste, and waste their rights and the rights of others.
Among the causes and motives for interdiction are those related to the interests of the interdicted; such as insanity, foolishness, and pettiness, and some of them are related to preserving the interests of others, such as stonewalling the bankrupt debtor - which is the subject of our research - and some of them are related to achieving public interests; Such as putting a stone on the ignorant doctor, or putting a stone on the wife’s money for the benefit of the husband, and so on.
In addition, there are implications for the stone from the perspective of Islamic jurisprudence; Such as the effect of the stone on the bankrupt debtor, the effect of the stone on the patient, the illness of death, the effect of the stone on the wife, and so on, and in the end the research has reached important results, the most important of which are: that the stone on the bankrupt debtor achieves a great interest, the interest of the creditor and the interest of the debtor, It protects public and private money from damage or loss, and this is supported by the general principles of Sharia and the justice of Islam Considering common interests.
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