مجلة الاجتهاد للدراسات القانونية والاقتصادية (Nov 2021)

the payment of debt in case of bankruptcy in Islamic jurisprudence

  • محي الدين اسطنبولي

DOI
https://doi.org/10.36540/1914-010-003-023
Journal volume & issue
Vol. 10, no. 3
pp. 539 – 574

Abstract

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The topic of paying the debt is one of the social jurisprudential issues that the individual with a limited income suffers from cause of the inability to pay it, and it has two effects from a side of the debtor and how Islamic jurisprudence took care of it and found solutions for it that are coordinated with the morals of the Muslim creditor, and from the other side it has an impact on the creditor where the Islamic jurisprudence issues rulings in its favour and in target to protect his rights. The issue of paying the debt is related to the economic aspect in the life of the individual and society, as we find it related to the religious devotional aspect, which is zakat, which has a good and practical effect in solving the problem, and that Islamic jurisprudence is not only theories but has a clear practical aspect in solving individuals and collective problems, the issue of payment is one of the topics Which Islamic jurisprudence gave great importance due to its connection with the devotional, practical and moral aspect.

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