Individual bankruptcy And the consequences of that A comparative study between Islamic jurisprudence and Jordanian civil law


  • D . Ayed Salem Ali Alnashawy Ministry of Endowments and Islamic Affairs and Holy Places Jordan – Amman



bankruptcy, stone, debtor, bankrupt, comparative jurisprudence


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.


Download data is not yet available.


The Holy Quran.

Ibn Rushd, Abu al-Walid Muhammad ibn Ahmad (d. 595 AH), The Beginning of the Mujtahid and the End of the Muqtadid, 1425 AH - 2004 AD, Dar Al-Hadith - Cairo.

Ibn Al-Uthaymeen, Muhammad bin Saleh bin Muhammad (d. 1421 AH), Al-Sharh Al-Mutti’ on Zad Al-Mustaqni’, Dar Ibn Al-Jawzi, 1422-1428 AH, (1 edition).

Ibn Faris, Abu Al-Hussein Ahmed bin Zakaria Al-Qazwini, Dictionary of Language Measures, investigation: Abdul Salam Haroun, 1399 AH - 1979 AD, Dar Al-Fikr.

Ibn Qudamah, Muwaffaq al-Din Abdullah bin Ahmad (d. 620 AH), al-Kafi fi fiqh al-Imam Ahmad, Dar al-Kutub al-Ilmiyyah, (1 edition), 1414 AH - 1994 AD.

Ibn Qudamah, Muwaffaq al-Din Abdullah bin Ahmad (d. 620 AH), al-Mughni, 1388 AH - 1968 AD, Cairo Library.

Ibn Muflih, Burhan al-Din Ibrahim bin Muhammad bin Abdullah bin Muhammad Abu Ishaq (d. 884 AH), the creative in explaining al-Muqni’, Dar al-Kutub al-Ilmiyyah, Beirut - Lebanon, 1st edition, 1418 AH - 1997 AD.

Ibn al-Mundhir, Muhammad bin Ibrahim al-Nisaburi, the consensus, investigation and study: Fouad Abdel Moneim Ahmed, Dar al-Muslim for publication and distribution, 1425 AH / 2004 AD, (1 edition)

Amin Effendi, Ali Haidar Khawaja (d. 1353 AH), Pearls of Rulers in Explanation of Al-Ahkam Magazine, Arabization: Fahmy Al-Husseini, Dar Al-Jil (1 edition), 1411 AH - 1991 AD.

Al-Babarti, Muhammad bin Muhammad bin Mahmoud Akmal Al-Din Abu Abdullah Ibn Al-Sheikh Shams Al-Din Ibn Al-Sheikh Jamal Al-Din Al-Roumi (d. 786 AH), Al-Inayah Explanation of Al-Hidaya, printed in a margin: Fath Al-Qadeer to Kamal Ibn Al-Hammam, Library and Printing Company of Al-Babi Al-Halabi and his sons refinery in Egypt , (and photographed by Dar Al-Fikr, Lebanon), 1st edition, 1389 AH - 1970 AD.

Al-Bukhari, Muhammad bin Ismail, Al-Jami Al-Sahih Al-Musnad Al-Musnad from the hadiths of the Messenger of God, may God’s prayers and peace be upon him, his Sunnah and his days, investigation: Muhammad Zuhair bin Nasser Al-Nasser, commentary: Mustafa Al-Bagha, 1422 AH, 1st edition.

Al-Barakati, Muhammad Amim Al-Ihsan Al-Mujadadi, Jurisprudential definitions, Pakistan, Dar Al-Kutub Al-Ilmiya, I (1), 1424 AH - 2003 AD.

Al-Baghdadi, Abd al-Wahhab (d. 442 AH), Al-Mawna on the Doctrine of the Madinah Scholar, Imam Malik bin Anas, investigation and study: Hamish Abd al-Haq, the Commercial Library, Mustafa Ahmad al-Baz - Makkah Al-Mukarramah, the origin of the book: a PhD thesis at Umm Al-Qura University in Makkah Al-Mukarramah.

Tayseer Ahmed Al-Zoubi, Jordan Legal Encyclopedia (Civil Law) No. (43) of 1976 AD, with all decisions of the Jordanian Court of Cassation (Rights) of the Public Authority since the date of the establishment of the Kingdom until 2018 AD, the Jordanian Crafts Center for Artistic Printing, 2018 AD, Jordan - Amman.

Al-Tanukhi, Zain al-Din al-Munji bin Othman bin Asaad Ibn al-Munji al-Hanbali 631 - 695 AH), Al-Mutti’ fi Sharh al-Muqni’, investigation: Abdul Malik bin Abdullah bin Dahish, Al-Asadi Library, Makkah Al-Mukarramah, 3rd edition, 1424 AH - 2003 AD.

Al-Jubouri, Yassin, Al-Wajeez in explaining the Jordanian Civil Law, 1432 AH - 2011 AD, Dar Al-Thaqafa, Amman, 2nd edition.

Al-Juwayni, Abul-Maali Abd al-Malik bin Abdullah, nicknamed the Imam of the Two Holy Mosques, (d. 478 AH), the end of the demand in the knowledge of the doctrine, investigation by Abd al-Azim al-Deeb, (1428 AH - 2007 AD), Dar Al-Manhaj, 1st edition.

Al-Hattab, Muhammad bin Muhammad bin Abd al-Rahman (d. 954 AH), Mawahib al-Jalil fi Sharh Mukhtasar Khalil, 1412 AH - 1992 AD, Dar Al-Fikr, 3rd edition.

Khallaf, Abdel-Wahhab (d. 1375 AH), Personal Status Provisions in Islamic Sharia, Egypt, Dar Al-Kutub Al-Masria Press, Cairo, (2nd edition), 1357 AH - 1938 AD.

Al-Khan, Mustafa and others, Systematic jurisprudence on the doctrine of Imam Al-Shafi’i, 1430 AH - 2009 AD, Dar Al-Qalam, Damascus, 10th edition.

Al-Daraqutni, Abu Al-Hassan Ali Bin Omar Bin Ahmed, (385 AH), Sunan Al-Daraqutni, Hadith No. (4551), investigation by Shuaib Al-Arnaout and others, Al-Risala Foundation, Beirut, 1424-2004 AD, 1st edition.

Al-Dasouki, Muhammad bin Ahmed bin Arafa Al-Maliki (d. 1230 AH), Al-Dasouki’s footnote on the great explanation, Dar Al-Fikr.

Al-Rafi’i, Abd al-Karim bin Muhammad (d. 623 AH), Fath al-Aziz bi Sharh al-Wajeez, which is the great explanation, Dar al-Fikr.

Al-Rahibani, Mustafa bin Saad bin Abdo Al-Suyuti Al-Dimashqi (d. 1243 AH), Matlab Oli Al-Nuha fi Sharh Ghayat Al-Muntaha, The Islamic Office, (2nd edition), 1415 AH - 1994 AD.

Al-Ramli, Shams al-Din Muhammad bin Abi al-Abbas Ahmed bin Hamza Shihab al-Din (d. 1004 AH), The End of the Need to Explain the Curriculum, Dar Al-Fikr, Beirut, last edition, 1404 AH - 1984 AD.

Al-Zubaidi, Muhammad bin Muhammad bin Abd al-Razzaq al-Husayni, Abu al-Fayd, nicknamed Murtada, (d. 1205 AH), The Crown of the Bride from the Jewels of the Dictionary, investigation: a group of investigators, Dar al-Hidaya.

Al-Zoubi, Tayseer Ahmed, Jordan Legal Encyclopedia (Civil Law) No. (43) for the year 1976 AD, with all decisions of the Jordanian Court of Cassation (Rights) of the Public Authority since the date of the establishment of the Kingdom until 2018 AD, The Jordanian Crafts Center for Artistic Printing, Jordan - Amman.

Saadi Abu Jib, The Fiqh Dictionary, Language and Convention, Syria, Dar Al-Fikr, 2nd edition, 1408 AH - 1988 AD

Al-Salman, Abu Muhammad Abdul Aziz bin Muhammad bin Abdul Rahman bin Abdul Mohsen (d. 1422 AH), jurisprudential questions and answers.

Al-Sunaiki, Zakaria bin Muhammad bin Zakaria, (d. 926 AH), Asna Al-Matalib in the explanation of Rawdat Al-Talib, Dar Al-Kitab Al-Islami.

A former master (d. 1420 AH), Sunnah jurisprudence, Dar Al-Kitab Al-Arabi, Beirut - Lebanon, 3rd edition 1397 AH - 1977 AD.

Al-Shafi’i, Abu Abdullah Muhammad bin Idris bin Al-Abbas bin Othman bin Shafi’ bin Abd Al-Muttalib bin Abd Manaf Al-Muttalib Al-Qurashi Al-Makki (d. 204 AH), the mother, Dar Al-Maarifa - Beirut, 1410 AH - 1990 AD.

Al-Sherbiny, Shams al-Din Muhammad bin Ahmad al-Khatib al-Shafi’i (d. 977 AH), persuasion, investigation: Office of Research and Studies - Dar Al-Fikr - Beirut.

Al-Sherbiny Shams al-Din Muhammad bin Ahmad al-Khatib al-Shafi’i (d. 977 AH), the singer of the need to know the meanings of the words of the curriculum, 1415 AH - 1994 AD, Dar Al-Kutub Al-Ilmiya, 1st edition.

Al-Shawkani, Muhammad bin Ali T. (1255) AH, Neil Al-Awtar from the hadiths of Sayed Al-Akhyar, Explanation of Muntaqa Al-Akhbar, edited and corrected by: Muhammad Salem Hashim, 1420 AH - 1999 AD, Dar Al-Kutub Al-Ilmiya, Beirut.

Al-Sabouni, Muhammad Ali, Brief Interpretation of Ibn Kathir, Dar Al-Qur’an Al-Karim, Beirut, 1402 AH -1981, 7th edition.

Al-Sana’ani, Muhammad bin Ismail bin Salah (d. 1182 AH), Subul Al-Salam, Dar Al-Hadith.

Diaa al-Din al-Jundi, Khalil bin Ishaq bin Musa al-Maliki al-Masri (d. 776 AH), clarification in explaining the sub-al-Mukhtasar by Ibn al-Hajib, investigation: Ahmed bin Abd al-Karim Naguib, Najibawayh Center for Manuscripts and Heritage Service, 1st edition, 1429 AH - 2008 AD.

Attia bin Muhammad Salem (d. 1420 AH), Explanation of Bulugh al-Maram, the source of the book: audio lessons that were transcribed by the Islamic Network website (

Alish, Abu Abdullah Muhammad bin Ahmad bin Muhammad (d. 1299 AH), Manah al-Jalil, a brief explanation of Khalil, 1409 AH - 1989 AD, Dar Al-Fikr - Beirut.

Al-Far, Abdel-Qader, Rulings of Commitment, 1428 AH - 2007 AD, Dar Al-Thaqafa, 1st edition, seventh edition.

Al-Qadouri, Abu Al-Hussein Ahmed bin Muhammad bin Ahmed bin Jaafar bin Hamdan (d. 428 AH), abstraction, investigation: Center for Jurisprudence and Economic Studies: Muhammad Ahmed Siraj and Ali Juma Muhammad, Cairo, Dar Al-Salam, I (2), 1427 AH - 2006 AD.

Qudah, Mufleh Awwad, Implementation Principles According to the Jordanian Procedure Law, 1412 AH - 1992 AD, Dar Al Thaqafa Library, Amman, 2nd Edition.

Al-Kasani, Alaa al-Din Abu Bakr bin Masoud bin Ahmad al-Hanafi (d. 587 AH), Bada’i’ al-Sana’i fi Tartib al-Shari‘i, Dar al-Kutub al-‘Ilmiyyah, 2nd Edition, 1406 AH - 1986 CE.

Al-Kiswani, Amer Mahmoud, Rulings of Commitment, 1431 AH - 2010 AD, Dar Al Thaqafa Library, Amman, 2nd edition.

Al-Kalwadani, Abu Al-Khattab Mahfouz bin Ahmed bin Al-Hassan, Guidance on the Doctrine of Imam Abi Abdullah Ahmed bin Muhammad bin Hanbal Al-Shaibani, investigation: Abdul Latif Hamim and Maher Yassin Al-Fahal, Ghiras Foundation for Publishing and Distribution, 1st edition, 1425 AH / 2004 AD.

A committee composed of several scholars and jurists in the Ottoman caliphate, Journal of Justice Rulings, investigation: Najeeb Hawawini, Aram Bagh, Karachi, Noor Muhammad, Karkhana Tejarat Books.

Al-Mazari, Abu Abdullah Muhammad bin Ali bin Omar Al-Tamimi Al-Maliki (d. 536 AH), explaining indoctrination, investigation: Muhammad Al-Mukhtar Al-Salami, Dar Al-Gharb Al-Islami, 1st edition, 2008 AD.

Al-Mawardi, Abu Al-Hussein Ali bin Muhammad (d. 450 AH), Al-Hawi Al-Kabir, investigation: Ali Muhammad Moawad, Adel Ahmed Abdel-Mawgoud, Dar 1419-1999 AD, Scientific Books, Beirut, 1st edition.

Al-Mardawi, Alaa al-Din Abu al-Hasan Ali bin Suleiman bin Ahmed (d. 885 AH), fairness in knowing the most correct from the dispute (printed with the persuasive and the great explanation), investigation: Abdullah bin Abdul Mohsen al-Turki and Abdel Fattah Muhammad al-Hilu, Cairo - Arab Republic of Egypt Hajar for printing, publishing, distribution and advertising, 1st edition 1415 AH - 1995 AD.

Al-Marginani, Abu Al-Hussein Ali bin Abi Bakr bin Abdul-Jalil, (d. 593 AH), Al-Hidaya explaining the beginning of the beginner, investigation: Talal Youssef, Arab Heritage Revival House - Beirut.

Muslim bin Al-Hajjaj, (d. 261 AH), Sahih Muslim, investigation: Muhammad Fouad Abdel-Baqi, Dar Revival of Arab Heritage - Beirut.

Al-Munbaji, Jamal al-Din Abu Muhammad Ali bin Abi Yahya Zakaria bin Masoud al-Ansari, (d. 686 AH), the core in combining the Sunnah and the Book, investigation: Muhammad Fadl Abdulaziz al-Murad, 1414 AH - 1994 AD, Dar Al-Qalam, Damascus, 2nd edition.

Al-Mawsili, Abdullah bin Mahmoud bin Mawdood, d.

Al-Nawawi, Abu Zakariya Muhyi al-Din Yahya bin Sharaf (d. 676 AH), Rawdat al-Talibin and Umdat al-Mufti, investigation: Zuhair al-Shawish, Islamic Bureau, Beirut - Damascus - Amman, 3rd edition, 1412 AH - 1991 AD.

Al-Haytami, Ahmed bin Muhammad bin Ali bin Hajar, Tuhfat al-Muhtaj fi Sharh al-Minhaj, Egypt, The Great Commercial Library, 1357 AH - 1983 AD.

The Kuwaiti Ministry of Awqaf and Islamic Affairs, the Kuwaiti Encyclopedia of Fiqh, Dar Al Salasil - Kuwait, 2nd edition, (1404-1427).



How to Cite

Alnashawy, D. . A. S. A. (2023). Individual bankruptcy And the consequences of that A comparative study between Islamic jurisprudence and Jordanian civil law. Journal of Social Sciences (COES&Amp;RJ-JSS), 12(2), 18–51.