Relevant bibliographies by topics / Debtor and creditor (Islamic law)

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Debtor and creditor (Islamic law)'

Author: Grafiati
Published: 4 June 2021
Last updated: 30 July 2024

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Journal articles on the topic "Debtor and creditor (Islamic law)"

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Satar, Muhammad, and La Ode Ismail Ahmad. "Pawn (RAHN) In The Perspective Of The Hadith Of The Prophet Muhammad SAW." Economos : Jurnal Ekonomi dan Bisnis 5, no. 2 (August 29, 2022): 114–18. http://dx.doi.org/10.31850/economos.v5i2.1806.

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The life advocated and described in Islamic Law is to live by helping each other in various ways. In this regard, loans based on Islamic law provide certainty of benefits for its creditors. The term pawn transaction where in Islam is Rahn. A lien or Ar-Rahn is an agreement for the granting of property as collateral for what will be borrowed or in this case a debt that will be carried out as a guarantor when the creditor is unable to pay off the debt. Islam basically allows a lien transaction where a person obtains goods by paying them first and then agrees between the debtor and the creditor provided that the creditor or borrower must provide guarantees to the debtor. The guarantee or marhun and the value of its use used as a guarantor is a right for the borrower which is not allowed to be used by the guarantor. Instead, there must be permission from the debtor or borrower.
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Ratnasari, Desi, Muhammad Iqbal Fasa, and A. Kumedi Ja’far. "Pandangan Hukum Islam terhadap Status Muflis (Debitur Pailit) sebagai Gharimin (Mustahik Zakat)." Reslaj : Religion Education Social Laa Roiba Journal 4, no. 3 (January 15, 2022): 528–44. http://dx.doi.org/10.47467/reslaj.v4i3.807.

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The development of sharia economy in Indonesia is increasing. Islamic economic development can be seen from the development of Islamic financial institutions and the Islamic financial instruments they offer, ranging from Islamic banks, Islamic capital markets, and Islamic insurance. With these developments, nowadays financing activities with sharia contracts are increasing and growing rapidly. However, only a few can pay it off. In other words, non-performing financing or bad loans at Islamic financial institutions often occur. Non-performing financing caused by the inability of the customer as a debtor to pay debts to a financial institution as a creditor resulted in the customer being bankrupted by the financial institution as a creditor. Bankruptcy is defined as the inability of the debtor or debtor (can be a person, legal entity, company) which is proven based on a court decision that the debtor has stopped paying his debts (unable to pay off debts) which results in general confiscation of his assets, so that the debtor is no longer entitled to manage his assets. . If it is associated with zakat, one of the ashnaf of zakat is gharimin or people who are in debt. Zakat institutions in Indonesia have not made bankrupt customers as gharimin who are entitled to receive zakat. The formulation of the problem in this paper is to find out the views of Islamic law on the status of bankrupt debtors as gharimin. The conclusion is that the status of a bankrupt debtor can be determined as a gharimin who is entitled to receive zakat. The use of debt in question can be for personal or public interest. The distribution pattern can use the qardh hasan pattern where the zakat given to the gharimin is not to be owned but to be returned again. The zakat funds are not only used to pay off debts, they can also be used as initial capital for bankrupt debtors to restart their business. Keywords: bankrupt debtor, gharimin, zakat mustahik.
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Abdullah, Apnizan. "Is Garnishee Proceeding Feasible on Islamic Banking Deposits and Investment Accounts in Malaysia?" ICR Journal 6, no. 4 (October 15, 2015): 580–83. http://dx.doi.org/10.52282/icr.v6i4.306.

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It is common in loans or debts recovery action that once a creditor obtains a judgment from the court of law against his debtor, he will eventually proceed to enforce it. Fundamentally, there are several methods of enforcement of the judgment available to the judgment creditor, inter alia writ of execution which includes writ of seizure and sale, writ of possession and writ of delivery, judgment debtor summons, stop orders, appointment of receiver and committal. Another prevailing mode of the enforcement of judgment in the market is garnishee proceeding. Procedurally, a garnishee proceeding is initiated by a judgment creditor by way of applying to the court for an order to be issued on a person who is indebted to the judgment debtor (a garnishee) to satisfy the amount judgment sum or a sum of an order of payment issued by the court against the judgment debtor.
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Yuswalina, Yuswalina. "HAK TENAGA KERJA DALAM PROSES KEPAILITAN PERSPEKTIF HUKUM Islam (Studi Analisis Undang-Undang N0. 13 Tahun 2003 Tentang Ketenagakerjaan)." JURISDICTIE 8, no. 2 (February 26, 2018): 215. http://dx.doi.org/10.18860/j.v8i2.4451.

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<p>Bankruptcy has effect for all creditors, labor is no exception. settlement of property the debtor to the creditor in the event of the debtor is declared bankrupt will depend largely on the position of the creditors. The position of labor creditor’s preferred placed as having special privileges, which will get the first in bankruptcy. However, the property the debtor in bankruptcy is sometimes not enough to pay off all his debts bills including salaries and severance to labor as a preferred creditor. Therefore the author will examine these issues by formulating two problems namely: How the completion of labor rights in the process of bankruptcy according to law No. 13 of 2003 On Labor and How do the views of Islamic law on the settlement of the labor rights in the process of bankruptcy. The conclusions is in compliance because Islamic law already gives privileges in the fulfillment of their rights. but still need to revise several sections to make the provisions of the law in the Undangg more robust in protecting labor rights in the process of bankruptcy and the Government should establish a policy to provide concrete guarantees and protection of the rights of labour or labour in the event of bankruptcy.</p><p><br />Kepailitan berlaku bagi semua kreditur, tenaga kerja tidak terkecuali. penyelesaian harta benda debitur kepada kreditur dalam hal debitur dinyatakan pailit akan sangat tergantung pada posisi kreditor. Posisi kreditur tenaga kerja harus ditempatkan sebagai kreditur yang memiliki hak istimewa, yang akan di utamakan dalam kepailitan. Namun, aset debitur dalam kepailitan terkadang tidak cukup untuk melunasi seluruh tagihan hutangnya termasuk gaji dan pesangon terhadap tenaga kerja sebagai kreditur pilihan. Oleh karena itu penulis akan meneliti masalah ini dengan merumuskan dua masalah yaitu: Bagaimana penyelesaian hak-hak buruh dalam proses kepailitan menurut undang-undang No. 13 tahun 2003 Tentang Ketenagakerjaan dan Bagaimana pandangan hukum Islam tentang penyelesaian hak-hak buruh di proses kepailitan menurut UU No. 13 Tahun 2003 tentang Ketenagakerjaan. Kesimpulan dari penelitian ini dalam undang-undang umum No. 13 tahun 2003 tentang Ketenagakerjaan sudah sesuai karena hukum Islam telah memberikan hak istimewa dalam pemenuhan hak-hak mereka. Namun masih perlu merevisi beberapa bagian untuk membuat ketentuan undang-undang di Undangg lebih kuat dalam melindungi hak-hak buruh dalam proses kepailitan dan Pemerintah harus menetapkan kebijakan untuk memberikan jaminan dan perlindungan konkret hak-hak buruh atau tenaga kerja di bidang peristiwa kepailitan.</p>
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Faaza, Naufal Muhammad, and Abdullah Kelib. "Akibat Hukum Atas Hilangnya Jaminan Fidusia Dalam Hukum Positif dan Hukum Islam." Notarius 16, no. 1 (June 30, 2021): 571–86. http://dx.doi.org/10.14710/nts.v16i1.37880.

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AbstractAnalysis of positive law and Islamic law due to collateral that is the object of fiduciary security that occurs when the death occurs, discusses what the debtor and creditor obligations are. This type of juridical normative article looks at the rules, because this article conceptualizes law as what is written in the regulations in both positive law and Islamic law. The specification of this article is descriptive analytical. The type of data used in this article is secondary data. When the collateral is guaranteed, the agreement is canceled with the creditor and debtor, but not the insurance claim that was agreed upon beforehand so that the item is lost, the insurance company will replace the item. In Islamic law, people who hold goods must be responsible for the risk of damage or loss.Keywords: fiduciary guarantee; positive law; islamic lawAbstrakAnalisis hukum positif dan hukum Islam akibat barang agunan yang menjadi objek jaminan fidusia apabila terjadi kehilangan, membahas menganai apa kewajiban debitur dan kreditur. Jenis artikel yuridis normatif dengan melihat aturan-aturan, sebab artikel ini hendak memberi konsep sebuah hukum sebagai apa yang telah tertulis dan dijelaskan dalam peraturan baik dalam hukum positif dan hukum Islam. Spesifikasi artikel ini deskriptif analitis. Untuk jenis data yang digunakan dalam artikel ini adalah data sekunder. Ketika hilangnya barang jaminan, maka perikatan hapus bersama kreditur dan debitur, namun tidak menghapus klaim asuransi yang telah diperjanjikan sebelumnya sehingga barang tersebut hilang, maka pihak asuransi akan mengganti barang tersebut. Dalam hukum Islam orang yang memegang barang harus bertanggung jawab atas terjadinya resiko rusak atau kehilangan.Kata kunci: jaminan fidusia; hukum positif; hukum islam
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Rahman, Arief, and Danang Wahyu Muhammad. "Legal Review of the Execution of Movable Objects Based on Fiduciary Guarantees Against Default Debtors from the Perspective of Islamic Law." Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan 21, no. 2 (December 31, 2021): 259–70. http://dx.doi.org/10.30631/alrisalah.v21i2.799.

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The institutions involved in fiduciary guarantee services are constantly and continuously developing due to the increasing and evolving needs of the surrounding community. This directly impacts the people defaulting on their fiduciary guarantees or unable to repay their debts. In this case, debt transfers are often observed, requiring a down payment or guarantee money for the first one or two months. Debtors also commonly struggle to make subsequent payments, as they prioritize new goods or other secondary needs. This leads to defaults on transactions initiated by the debtor, ultimately causing harm to the creditor institution in terms of transferring fiduciary guarantee objects. Therefore, this study aims to compare the regulation of fiduciary guarantee objects transfer from the perspective of Islamic law. In this case, a qualitative research approach was employed by conducting a normative juridical analysis. A comparison was also carried out between the doctrines of formal and Islamic law within the local community. The results obtained are expected to minimize instances of default by debtors and protect the interests of creditors when transferring the objects of fiduciary guarantees in the future.
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Yuliono, Deni, Hadi Sunaryo, and Pardiman Pardiman. "Analysis of Rahn Law an Islamic Economic Perspective." Jurnal Ilmiah Ekonomi Islam 9, no. 2 (July 21, 2023): 2515. http://dx.doi.org/10.29040/jiei.v9i2.9663.

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The development of the Islamic financial system gave rise to Islamic financial institutions, one of whose products is pawnshops. Pawnshops in sharia are known as Rahn which means pawn. Rahn or Pawn is a binding agreement between the creditor and the debtor in a loan and loan transaction by placing collateral on the debt. The purpose of this article is for the Analysis of the Implementation of rahn Law (pawn) in an islamic economic perspective. The method used using a skinative model with an Islamic economic approach and the analysis used is descriptive analysis. The study results show that rahn is allowed in Islamic teachings, its development has also become increasingly prevalent. Rahn is used as an economic support for people in need. The rahn law has also been allowed by islamic clerics and fatwas. However, its activities must be by the conditions, harmony and applicable policies.
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Cattelan, Valentino. "Property (Māl) and Credit Relations in Islamic Law: An Explanation of Dayn and the Function of Legal Personality (Dhimma)." Arab Law Quarterly 27, no. 2 (2013): 189–202. http://dx.doi.org/10.1163/15730255-12341255.

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Abstract This article deals with the notion of property (māl) and the conceptualization of credit relations in Islamic law by investigating the dyad ʿayn/dayn and highlighting the functional linkage between dayn (debt/credit) and dhimma (legal personality). More precisely, in accordance with the elaboration of classical scholars, the work illustrates the notion of dayn, not in terms of obligation but as a property already owned by the creditor, while subsisting over the dhimma of the debtor: i.e., a property-in-the-future guaranteed by this dhimma. Differences from the Western notion of obligation, as well as peculiarities of Islamic contract law, are subsequently outlined.
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Sherhan, Sherhan, Pagar Pagar, and Mustapa Khamal Rokan. "Execution of fiduciary guarantee in Sharia Banking after the court's decision number 18/PUU-XVII/2019." JPPI (Jurnal Penelitian Pendidikan Indonesia) 8, no. 3 (September 30, 2022): 530. http://dx.doi.org/10.29210/020222047.

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Execution of a fiduciary guarantee is a transfer of control of an object of collateral based on agreed terms as a return of the loan value. Based on Law Number 42 of 1999, Islamic banks as holders of fiduciary guarantee certificates have the right to execute the actions of debtors who have breached their promises through the implementation of executive titles, auction sales and underhand sales. Constitutional Court Decision No. 18/2019 had a positive impact on various interested parties directly and indirectly. Thus creating a fair legal relationship between the creditor (fiduciary recipient) and the debtor (fiduciary giver). Execution conflicts over fiduciary guarantees arise due to debtors objecting to executions carried out without prior agreement, either in the form of notification or decision from the court. This research is juridical normative with a discussion of the conditions when the executive title cannot be carried out directly unless there is a decision on execution from the court. The results of this study indicate that the Constitutional Court Decision No. 18/2019 provides a new interpretation of several phrases in Article 15 and their explanations in the Fiduciary Law. The fiduciary recipient can execute if there is an agreement with the debtor.
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Arifah, Risma Nur, and Arman Safril Adam. "Legal Protection of Concurrent Creditors for The Debts That are not Guaranteed by Property Rights According to Bankruptcy Law and Islamic Law." AT-TURAS: Jurnal Studi Keislaman 9, no. 1 (June 30, 2022): 1–19. http://dx.doi.org/10.33650/at-turas.v9i1.3398.

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Bankruptcy is a condition where the debtor is unable to fulfill his obligations to pay debts to creditors. Revision of Law Number 4 of 1998 became Law Number. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations explains that concurrent creditors are creditors who do not hold collateral and who do not have special rights and whose claims are not recognized or recognized conditionally, of course, this causes the position of concurrent creditors to be very vulnerable to getting their rights back on the debt of the bankrupt debtor. This research is normative research using a statutory approach and a conceptual approach, where in this study the researcher examined the regulations on bankruptcy through the Act and analyzes the concept of legal protection for concurrent creditors. The results of the study showed that, first, Law Number 37 of 2004 concerning Bankruptcy and PKPU (Postponement of Debt Payment Obligations) explains that concurrent creditors are conditional creditors and do not have special rights, their position in paying off debtors' debts from the remaining proceeds from the settlement or auction of bankrupt assets. Second, Islamic law stipulates that the guaranteed of legal protection for creditors is to fulfill debt obligations as regulated in Surah al Baqarah verse 282 based on the principle of al ‘adalah.
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Dissertations / Theses on the topic "Debtor and creditor (Islamic law)"

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Heinrich, Stefan. "Covenants als Alternative zum institutionellen Gläubigerschutz : eine rechtsvergleichende und ökonomische Analyse /." Berlin : Duncker & Humblot, 2009. http://d-nb.info/998458678/04.

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Kaiser, Martin. "Die europäische Privatgesellschaft und die spanische Sociedad de Responsabilidad Limitada : rechtsvergleichende Untersuchung mit Schwerpunkt im Bereich des Gläubigerschutzes /." Baden-Baden : Nomos, 2008. http://d-nb.info/987971042/04.

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Giering, Anastasia. "Risikobezogener Gläubigerschutz im Recht der GmbH : Vorschläge zur Vermögensbindung und Gesellschafterhaftung de lege ferenda /." Berlin : Duncker & Humblot, 2009. http://d-nb.info/992686946/04.

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MOTA, PINTO Alexandre Cardoso. "The Europeanization of legal capital : searching for new ways of protecting creditors in limited liability companies." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/13174.

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Navickaitė, Justina. "Išieškotojo ir skolininko teisių gynimas vykdymo procese." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20061229_110814-55335.

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The execution process is very important for protection of human rights. If court decisions were not executed the very court decisions would loose their importance. Rights of a creditor and a debtor are written in the Code of Civil Procedure (CPC) and in other legal acts, but these rights should be properly explained to the parties of the execution process. Only the prescription to present the writ of execution is determined in Lithuanian laws, but any prescription for the whole case of execution is not determined usually. It would be reasonable to determine such a period of time at least for enforcement of administrative sanctions. A proposal to fulfil a decision is an important mean to offer to a debtor to pay the debt by himself. But according to CPC the proposal is sent not in every case. For example, it is not sent in cases of enforcement of administrative sanctions. According to the new Instruction on Execution of Judgements, there is an alternative document to the proposal. To have in mind that both these documents have the same functions and almost the same content, there is a doubt if it is reasonable to regulate the same thing in different laws. The Supreme Administrative Court of Lithuania has decided that the Instruction on Execution of Judgements adopted in 2002 years violates other legal acts adopted by the Government. So there is a problem which Instruction should be implemented for the executive cases which were started before adopting the new Instruction... [to full text]
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Jokubauskaitė, Giedrė. "Išieškojimas iš įkeisto turto." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2008~D_20090122_141510-68145.

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Sparčiai vystantis kreditavimo santykiams, taip pat bankams bei kitoms kredito įstaigoms aktyviai plečiant įvairialypio finansavimo politiką, neišvengiamai susiduriama su efektyvių prievolių įvykdymo užtikrinimo būdų ieškojimu. Tačiau šiuo ekonominiu laikotarpiu ypatingai kreipiamas dėmesys ne tik į patikimiausius bei efektyviausius prievolių įvykdymo užtikrinimo būdus, bet ir į procedūras, taikomas išieškant iš įkeisto turto. Būtent šio darbo objektas yra išieškojimo iš įkeisto turto procesas, tokio proceso problematika. Darbe iškeliamas tikslas išanalizuoti išieškojimo iš įkeisto turto procesą, nustatyti kylančias problemas, apsunkinančias efektyvią kreditorių interesų apsaugą bei skolininkų interesų garantiją, pasiūlyti galimus sprendimo būdus. Tikslo pasiekimas įgyvendinamas šiais uždaviniais: palyginti išieškojimo iš įkeisto turto procesą su išieškojimo procesu bendra tvarka, atlikti išsamią išieškojimo iš įkeisto turto procesą reglamentuojančių teisės normų analizę, nuodugniai išstudijuoti susiformavusią teismų praktiką taikant teisės normas, reglamentuojančias išieškojimą iš įkeisto turto. Pirmajame darbo skyriuje nustatomi išieškojimo proceso iš įkeisto turto ir išieškojimo proceso bendra tvarka esminiai skirtumai ir panašumai. Vadovaujantis nustatytais esminiais skirtumais ir panašumais, atskleidžiamas minėtų išieškojimo procesų tarpusavio ryšys. Antrajame darbo skyriuje analizuojamas išieškojimas iš įkeisto nekilnojamojo turto. Skyrius suskirstytas į du poskyrius... [toliau žr. visą tekstą]
The effective kinds of security of performance of obligations are becoming more important not only in the period of rapidly developing credit intercourses, but also as banks and other credit institutions are actively expanding their miscellaneous credit policy. At this economically dramatic period not only kinds of security of performance of obligations are targeted, but also the procedures which are applied in order to recover from collateral. Thus the object of this master degree thesis is the process of the recovery from collateral, the issues of such recovery process. The aim of the final master degree thesis is to deliver an exhaustive analysis of the process from collateral, to ascertain the problems, which compound the effective security of creditor’s interests and the appropriate guarantee of debtor’s interests, also propose possible solutions of determined problems. The above goals are achieved through the comparison of recovery process from collateral and recovery process in general, the analysis of rules of law, regulating the recovery from collateral, the exhaustive analysis of application of aforementioned rules of law in practice. The first section of the thesis discusses the essential differences and similarities of the recovery process from collateral and recovery process in general. By discussing it the intercourse of these processes is determined. The second section gives an analysis of the recovery process from the mortgaged assets. The section is divided... [to full text]
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Castillo, Freyre Mario. "On obligations and their classification." THĒMIS-Revista de Derecho, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/108646.

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It’s impossible to conceive the human being without the Law of Obligations. This branch ofCivil Law allows persons to satisfy their needs,reason why it’s important to study it carefully.In this article, the author presents us an introductory study of what obligations are, as well as their diverse classification. Without a doubt, this is a mandatory reading for all lawyers and Law students.
Es imposible concebir al ser humano sin el Derecho de las Obligaciones. Esta rama del Derecho Civil permite que las personas puedanver satisfechas sus necesidades, por lo que es importante estudiarla con cuidado.En el presente artículo, el autor nos presenta un estudio introductorio sobre qué son las obligaciones, así como su variada clasificación. Sin duda un material de lectura obligatoria paratodos los abogados y estudiantes de Derecho.
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Bressler, Steffen. "Schuldknechtschaft und Schuldturm : zur Personalexekution im sächsischen Recht des 13.-16. Jahrhunderts /." Berlin : Duncker & Humblot, 2004. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=010703580&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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Riggert, Lars. "Die Rechtsverfolgung der Gläubiger dinglicher Kreditsicherheiten in der Unternehmensinsolvenz des Schulderner : am Beispiel des Sicherungseigentums, des Pfandrechts, des Eigentumsvorbehalts under der Sicherungsgrundschuld /." Hamburg : Kovac, 2006. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=014732626&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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Wagner, Eberhard. "Vertragliche Abtretungsverbote im System zivilrechtlicher Verfügungshindernisse /." Tübingen : Mohr, 1994. http://www.gbv.de/dms/spk/sbb/recht/toc/271863889.pdf.

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Books on the topic "Debtor and creditor (Islamic law)"

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Phulvārvī, Shāh Muḥammad Jaʻfar. Islamic law and commercial interest. Lahore: Institute of Islamic Culture, 1999.

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Milījī, Aḥmad Muḥammad. Ḥabs al-madīn fī al-duyūn al-madanīyah wa-al-tijārīyah: Dirāsah muqārinah. [Cairo]: Yuṭlabu min Maktabat Wahbah, 1985.

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Ḥusayn Muḥammad Bayyūmī ʻAlī Shaykh. طرق حماية المدين: Fī al-fiqh al-Islāmī wa-al-qānūn al-tijārī al-waḍʻī : dirāsah muqāranah. al-Iskandarīyah: Dār al-Fikr al-Jāmiʻī, 2008.

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ʻAbd Allāh Muḥammad Ḥilmī ʻĪsá. al-Wafāʼ al-badalī lil-madīn fī al-fiqh al-Islāmī: Dirāsah fiqhīyah muqāranah. [Cairo]: Uṣūl lil-Nashr wa-al-Tawzīʻ, 2020.

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Bālʻādil, Raḥḥāl Ismāʻīl. Muqābalat al-Dayn bi-al-dayn fī al-fiqh al-Islāmī wa-taṭbīqātuhā al-muʻāṣirah. al-Riyāḍ: Dār Kunūz Ishbīliyā lil-Nashr wa-al-Tawzīʻ, 2014.

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Basyūnī, ʻAlī ʻAbd al-Fattāḥ. ʻAqd al-salam al-muwāzī fī al-fiqh al-Islāmī wa-taṭbīqātuhu al-muʻāṣirah. al-Manṣūrah: Dār al-Fikr wa-al-Qānūn lil-Nashr wa-al-Tawzīʻ, 2021.

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al-Barr, Muḥammad Zakī ʻAbd. Aḥkām al-muʻāmalāt al-mālīyah fī al-madhhab al-Ḥanbalī: (ʻarḍ manhajī). al-Dawḥah, Qaṭar: Dār al-Thaqāfah, 1986.

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Ḥusayn Muḥammad Bayyūmī ʻAlī Shaykh. al-Taswiyah al-widdīyah wa-al-ṣulḥ maʻa al-mudīn fī al-fiqh al-Islāmī wa-al-qānūn al-waḍʻī. al-Iskandarīyah: Maktabat al-Wafāʼ al-Qānūnīyah, 2021.

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Ḥammād, Raʾfat Muḥammad Aḥmad. al- Ḥaqq fī al-ḥabs ka-wasīlah lil-ḍamān: Dirāsah muqāranah bayna al-qānūn al-madanī wa-al-fiqh al-Islāmī. al-Qāhirah: Dār al-Nahḍah al-ʻArabīyah, 1990.

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Milījī, Aḥmad Muḥammad. Ḥabs al-madīn fī al-duyūn al-madanīyah wa-al-tijārīyah: Dirāsah muqāranah. [Cairo]: Yuṭlabu min Maktabat Wahbah, 1985.

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Book chapters on the topic "Debtor and creditor (Islamic law)"

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Guerrieri, Angela. "Creditor and Debtor." In Dictionary of Statuses within EU Law, 107–12. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-00554-2_14.

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Duggan, Anthony, Azim Remani, and Dennis Kao. "Middle Income Access to Justice: Policy Options with Respect to Consumer and Debtor/Creditor Law." In Middle Income Access to Justice, 485–520. Toronto: University of Toronto Press, 2012. http://dx.doi.org/10.3138/9781442660601-018.

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Cheta, Omar. "Hostages of Credit." In The Oxford Handbook of Modern Egyptian History, 219–39. Oxford University Press, 2024. http://dx.doi.org/10.1093/oxfordhb/9780190072742.013.13.

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Abstract The practice of imprisoning debtors in Egypt had a long Islamic legal genealogy, but in the nineteenth century it came to be largely controlled by bureaucrats and in the service of the modern state. The mid-1800s was a period of significant change in the economic and legal realms in Egypt and the Ottoman Empire. The outlawing of monopolies ushered in a period of intense and free commercial exchange. The modern state-building project entailed a significant redrawing of the legal map, which included the expansion of incarceration as punishment and the redefinition of the jurisdiction of Islamic law. The practice of imprisoning debtors was at the intersection of these developments. This chapter combines references from official state documents, Islamic legal opinions, and European traveler accounts to reconstruct the experiences of debtors who were incarcerated in the middle decades of the nineteenth century. Specifically, it explains the conditions that led debtors to prison, what went on inside the prison, and what path they could follow to depart from it. Some debtors were imprisoned because of the stipulations of French-inspired Ottoman and khedival laws, while others suffered the same fate because of a decision by a shari‘a court judge. The path to and purpose of debtor prisons did not differ radically in either case. Thus, the chapter highlights the continuities between Islamic and state-enacted legal practices. It also sheds light on the incongruence between state policy shifts and what individual historical actors may have experienced on a social level.
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Prentice, D. D. "Some Observations on the Law Relating To Preferences." In Making Commercial Law, 439–60. Oxford University PressOxford, 1997. http://dx.doi.org/10.1093/oso/9780198260813.003.0019.

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Abstract Creditors of a debtor are under no obligation to look after the interests of their fellow creditors. A creditor is entitled to pursue its own economic self interest and in a situation where the debtor has more than one creditor (the norm rather than the exception), the race goes to the swiftest. Although a debtor has an obligation to seek out its creditor, inevitably when a debtor is in financial difficulties, it will repay its debts in a strategic manner, since, if it wishes to survive, it will not be in its interests to adopt an even-handed approach in effecting repayment of its debts. Survival dictates that the importunate creditor, creditors threatening liquidation, or those with a commercial stranglehold over a company’s affairs,2 will be repaid before their passive, dilatory, or commercially weak brethren. There is nothing legally wrong in pursuing this policy of survival and indeed if the strategy succeeds it will probably be for the benefit of all creditors since at the end of the day they will be repaid. But once the debtor goes into insolvent liquidation, the picture changes and the law precludes the debtor from diluting the pool of assets available for creditors by paying off the debts of a selected creditor or a selected group of creditors.
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Kötz, Hein. "Assignment." In European Contract Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198800040.003.0018.

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This chapter examines the law governing the transfer of contract rights that allows the new creditor to take the place of the old and enforce the right against the debtor in the same way. Legal systems differ as to when and how the debtor is to be apprised of the transfer of contract rights. One issue is whether informing the debtor not only makes sense from the assignee’s point of view, but is actually required. The chapter first provides a historical overview of assignment and considers its economic importance before discussing the requirements of an effective assignment, focusing on substantive validity, non-assignable rights, and how courts deal with disputes over priorities of claims. It also tackles the question of what obligations may arise between assignor and assignee when the agreement effects a change of creditor. Finally, it reviews the rules to prevent the debtor being prejudiced by a change of creditor.
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Benjamin, Joanna. "The Rise Of Net Positions." In Financial Law, 325–28. Oxford University PressOxford, 2007. http://dx.doi.org/10.1093/oso/9780199282937.003.0014.

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Abstract A range of techniques may be used to address credit risk, but none has as magical an effect for the creditor as netting. A guarantee or other simple financial position substitutes the credit risk of the guarantor or other protection provider for that of the debtor. A traditional security interest or other asset backing substitutes the risk of the collateral assets for that of the debtor. But as far as the creditor is concerned, an effectively marked to market net position simply takes risk away.
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Ali, Pau. "Introduction." In The Law of Secured Finance, 1–14. Oxford University PressOxford, 2002. http://dx.doi.org/10.1093/oso/9780198299028.003.0001.

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Abstract A creditor that holds a security interest over its debtor’s assets enjoys considerable ad- vantages over those creditors of the debtor that do not. Foremost amongst these advantages is the preferential status or ‘priority position’ conferred by the security interest on the creditor’s claim against the debtor. Thus, on the default or insolvency of the debtor, the secured creditor is entitled to have its claim met in full, out of the assets encompassed by the security interest, ahead of the debtor’s unsecured creditors.
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Sayer, P. "Liability of the Lender for Breaches of Contract and Misrepresentation by the Seller." In The Law of Consumer Credit and Hire, 385–94. Oxford University PressOxford, 2009. http://dx.doi.org/10.1093/oso/9780199230365.003.0011.

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Abstract The Crowther Committee, in its report, recommended that a creditor whose relationship with a supplier of goods and services was that of a ‘connected lender’ should be answerable in damages to the borrower for any misrepresentations or breaches of contract committed by the supplier. This would be so even though the credit agreement between the lender and the borrower was a loan agreement. Section 75 of the Consumer Credit Act (CCA) 1974 creates a liability of a creditor to the debtor, in certain circumstances, for breaches of contract and misrepresentations committed by the supplier. Also, under section 56(2) of the CCA 1974, in certain circumstances, negotiations undertaken by the supplier with the borrower shall be deemed to be conducted in the capacity of agent of the creditor. This so- called ‘deemed agency’ provision can also impose liabilities upon a creditor for misrepresentations etc. of the supplier. Under section 75(1), if a debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) of the CCA 1974, has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of misrepresentation or breach of contract, he shall have a like claim against the creditor, who with the supplier, shall accordingly be jointly and severally liable to the debtor.
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Say, B. J. "Enforcement." In The Law of Consumer Credit and Hire, 395–433. Oxford University PressOxford, 2009. http://dx.doi.org/10.1093/oso/9780199230365.003.0012.

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Abstract Immediately after the debtor’s breach the creditor may take steps to prevent the debtor making further drawings of credit. The creditor may take ‘such steps as may be necessary to make the restriction or deferment effective’; therefore the creditor may warn suppliers not to accept a credit card where the debtor has exceeded the card limit. By the Consumer Credit Act (CCA) 1974, section 87(3) the doing of an act by which a floating charge crystallizes is not in itself an ‘enforcement of a security’. In the case of breach, the CCA 1974, section 87 requires that a default notice is served which is compliant with the provisions of section 88 and the regulations made thereunder before the creditor or owner can enforce the agreement. The Act provides no sanction against a creditor who: However, remedies lying outside the Act may be available where a creditor has enforced without complying with the requirement to serve a default notice. A creditor who seeks to recover goods under a hire-purchase or conditional sale agreement without the service of a proper default notice will be guilty of an actionable conversion.5 Recovery of land would be wrongful without a default notice and the debtor could set up the non-compliance as a defence. On the other hand, where a debtor has suffered a loss arising out of an enforcement of the agreement without service of a default notice, such will not give rise to a claim for damages as the Act makes no allowance for such a claim and such enforcement would not amount to a breach of contract.6 It may be that a debtor could obtain an injunction to restrain the creditor from enforcing an agreement where he has failed to serve a proper default notice.7 The OFT may take into account a breach of the requirement to serve a default notice in exercising its functions under the Act even though the breach gives rise to no statutory liability.
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O’Dea, Geoff, Julian Long, and Alexandra Smyth. "Creditor Schemes in Practice." In Schemes of Arrangement: Law and Practice. Oxford University Press, 2012. http://dx.doi.org/10.1093/oso/9780199665921.003.0008.

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In order for the court to have jurisdiction to sanction a scheme the ‘company’ or debtor must have agreed—by the necessary resolutions being approved by the requisite majorities at the scheme meeting(s)—a ‘compromise’ or ‘arrangement’ with its ‘creditors’. Every person who has a quantifiable pecuniary claim against the company, whether actual, contingent, unliquidated or prospective, is a creditor within the meaning of the Companies Act 2006—Re Midland Coal, Coke and Iron Co.
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Conference papers on the topic "Debtor and creditor (Islamic law)"

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Opykhtina, Elena. "DEVELOPMENT OF JUDICIAL PRACTICE ON ISSUES OF ENSURING THE BALANCE OF THE RIGHTS OF THE CREDITOR AND THE DEBTOR." In MODERN PROBLEMS AND PROSPECTS OF DEVELOPMENT PRIVATE LAW AND PUBLIC LAW REGULATION. Baskir State University, 2022. http://dx.doi.org/10.33184/spprchppr-2022-04-22.44.

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Fillers, Aleksandrs. "Atsevišķi problēmjautājumi saistībā ar līgumu izpildi." In Latvijas Universitātes 81. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2023. http://dx.doi.org/10.22364/juzk.81.10.

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The article analyses two topics that have been rarely discussed in Latvian legal literature. Firstly, like most continental legal systems, the Latvian Civil Law recognizes the so-called exceptio non adimpleti contractus. This is a defence that allows a party to a contract to withhold its performance, if the counterparty does not perform its part of the contract. The article analyses how this defence applies, if the counter-performance is provided but turns out to be defective. Secondly, the article deals with the problem of creditor’s default (mora creditoris). The Latvian Civil Law provides an option for the debtor to terminate the original obligation, if the object of the contract is tangible and the creditor refuses to accept it. The debtor can deposit the object or sell it. However, it does not contain a similar rule for other types of obligations, most notably – services. The article suggests a solution that would grant the debtor an “exit strategy” in case of creditor’s default.
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Namiq, Asos. "Base estoppel and its impact on modifying the binding force of the contract." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp213-221.

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The contract is the Sharia of the Contracting Party as a rule that does not govern the contract only upon formation, but also upon execution, since the terms of the contract are transformed, after its formation, into a law that imposes itself, and its sanctity cannot be violated. That is, when the contract is valid and enforceable, it must be executed according to what it contains and in accordance with good faith and trust between people, and this is called the principle of binding force of the contract. Whenever the contract is binding on both parties, one of the parties cannot be the only one to rescind or amend it. The mandatory limits of the contract are not limited to what the contracting parties have agreed only, but include all of its requirements in accordance with legislative and customary rules, and what justice requires, and what is imposed by the nature of the full-time obligation of the contract. When executing the contract, the extent of the debtor’s commitment to the contract is measured in the manner in which it is implemented, and his agreement with the requirements of the contract, that is, the closer the method of implementation is with the requirements of the contract, the debtor is considered on the right path in fulfillment, and the more the method of implementation is far from the requirements of the contract, the debtor is considered in breach of his contractual obligations. Since the debtor may deviate from the prescribed path in some cases due to the difficulty of implementing the obligation on the one hand, and the difficulty of harmonizing the circumstances and methods of implementation on the other hand, the law allowed the creditor to object to the debtor’s behavior whenever he saw it as different from the contract based on the binding force of the contract. But this right granted to the creditor is not an absolute right. Rather, it is restricted by his act or statement that revealed to the debtor the safety of his conduct in the implementation of the contract, meaning that despite the recognition of the right to object to the creditor, the creditor may be suspended by what was previously issued by him, i.e. closed The door of objection to it, and this is called the rule of judgment closure that we have chosen as the subject of our study. We deal with it by research and study to show the limits of this rule, and its impact on modifying the binding force of the contract, whether by making mandatory certain clauses in the contract or even creating new clauses, or by stripping a contractual obligation of its binding force.
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Brants, Edijs. "Kreditora pienākums atmaksāt parādniekam naudas līdzekļus Maksātnespējas likuma 99. panta otrās daļas kārtībā." In Latvijas Universitātes 82. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2024. http://dx.doi.org/10.22364/juzk.82.06.

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In this article, the author analyses the understanding of a creditor’s obligation to repay funds received from a debtor under Article 99, Section 2 of the Insolvency Law. Specifically, the author critiques Supreme Court’s judgement on 15 March 2023 in case № SKC-62/2023. The author concludes that Article 99, Section 2 of the Insolvency Law entails a rather peculiar legal rule by penalizing creditors who actively safeguard their legal rights and interests. Furthermore, the author argues that the Supreme Court’s judgement unjustly prioritizes the principle of creditor equality, potentially resulting in adverse ramifications for Latvia’s business landscape.
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Pavićević, Aleksandra. "COMPENSATION, COMPLAINT OF UNFULFILLED CONTRACT AND IUS RETENTIONIS." In International scientific conference challenges and open issues of service law. Vol. 2. University of Kragujevac, Faculty of law, 2024. http://dx.doi.org/10.46793/xxmajsko2.647p.

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The subject of the work are three interesting institutes of civil law, namely: compensation, complaint of unfulfilled contract and right of retaning possession, which share the common role of private law security of threatened claim and which are carried out using an authentic technique of self-protection. Bilaterally binding debtor-creditor relations in general, including those in the sphere of service law, often in practice suffer from various disturbances of mutual obligations, due to breach of contractual obligations, violation of bona fides, etc. At that time, the creditor was recognized by law with various means in the function of returning the equivalence of mutual benefits, in accordance with the principle of process economy. Since these three institutes have similar spheres of application, as well as certain common elements in their physiognomy, the subject of analysis are certain segments of these legal constructions in domestic and comparative law (concept, characteristics, conditions for establishment and function). The goal of these considerations is to locate the similarities and differences among them, and to formulate an answer to the question - is it the same institute with several subtypes or - different and independent institutes, which must then be precisely demarcated. In the paper, the author with an explanation concludes that these are three independent institutes whose crucial differences are: content, effect, legal nature, object, conditions of creation and termination. Since their relationship is complementary, these institutes should coexist in Serbian future law.
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Noneva-Zlatkova, Yordanka. "PROTECTION OF CREDITORS’ RIGHTS IN THE CONTEXT OF AN EVOLVING INVESTMENT ENVIRONMENT UNDER EU LAW." In 4th International Scientific Conference – EMAN 2020 – Economics and Management: How to Cope With Disrupted Times. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2020. http://dx.doi.org/10.31410/eman.2020.179.

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In the post-global economic and financial crisis, Europe is suffering from significantly low levels of investment. This applies both to national level in the individual Member States and to those with a supranational scope. For this reason, the EC tried to stimulate the development of any investment initiative through the Juncker Plan, which is based on three pillars: the European Fund for Strategic Investments, the European Investment Advisory Center and the European Investment Projects Portal, and third, improving the business environment by removing regulatory barriers to investment at national and European level. Policies in this direction will continue and build on over the period 2021-2027 through the InvestEU program, which aims to continue to support increased investment, innovation and job creation in Europe. The process of implementation of each such initiative directly affects the individual legal and natural persons as investors who enter different bond relations, which have both national and international dimension. The development of new investment products and instruments would be unthinkable without the Bank’s involvement as a major creditor in the implementation of investment projects. This fact shows that it is necessary to examine the legal guarantees for the protection of creditors in these relationships in case of possible threat the debtor to damage the creditor in case of unfavourable development of the respective investment initiative. This paper will justify the significance and the peculiarities of Paul’s claim as a means of protecting creditors in the context of a developing EU investment environment and its legal framework. This method of preventing the decline of the asset and / or the increase of the liability of the debtor’s property is characterized by extreme persistence over time as a legal institution that originated in the Roman era and has survived to the present without losing its significance.
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Дехканова, Жылдыз Ахматовна, and Нурсултан Исаевич Ширинбеков. "ROLE AND PLACE OF THE INSTITUTE OF LIABILITIES." In Перспективные прикладные исследования и инновации: сборник статей международной научной конференции (Санкт-Петербург, Июнь 2023). Crossref, 2023. http://dx.doi.org/10.58351/230622.2023.16.31.002.

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Научная статья информирует институт обязательства, который широко применяется. Институт обязательств относится к сфере права и юриспруденции и представляет собой систему правил и норм. Обязательство - это юридическое обвинение одного лица (кредитора) по обвинению в адрес другого лица (должник) наказания за действия, воздерживается от некторых действий или исключения того, что (например, уменьшение суммы денег). Выполнение обязательств гарантируется в договоре, в случае неисполнения, то вопросы рассматриваются в зале судных разбирательств. The scientific article informs the institution of commitment, which is widely used. The institution of obligations belongs to the sphere of law and jurisprudence and is a system of rules and norms. A liability is a legal charge against one person (the creditor) against another person (the debtor) to punish for acting by refraining from doing something or excluding something (for example, reducing the amount of money). Fulfillment of obligations is guaranteed in the contract, in case of non-fulfillment, the issues are considered in the courtroom.
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Kozar, Vladimir, and Nemanja Aleksić. "ZABRANA IZVRŠENjA I NAMIRENjA KAO PROCESNOPRAVNA POSLEDICA OTVARANjA STEČAJNOG POSTUPKA." In 14 Majsko savetovanje. University of Kragujevac, Faculty of Law, 2018. http://dx.doi.org/10.46793/xivmajsko.919k.

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The Law on Amendments to the Law on Bankruptcy, which entered into force on December 25, 2017, has significantly changed the conditions for determining the security measures in the previous bankruptcy proceedings. Also, the provisions on legal prohibition of enforcement and settlement as a legal consequence of the opening of the bankruptcy proceedings were amended, and new rules on the abolition of the moratorium at the request of the secured and lien creditors were laid down. Special attention was paid to the novelty legal provisions on moratorium, introducing a ban on creditors to exercise their rights in the enforcement proceedings, as a procedure for individual enforcement, and in the light of the forthcoming possibility of opening of bankruptcy proceedings as a procedure of the general enforcement The most important novelty is the time-limited abolition of the moratorium for a period of nine months starting from the date of publication of the announcement on the abolition of the measure of security or the prohibition of enforcement (Article 93a paragraph 2), after which the measure of enforcement and settlement in relation to that property is re-established, in accordance with Article 93g which regulates the consequences of the failure to cash out the property by a secured, ie lien creditor within the prescribed deadline, because the basic legal text did not prescribe a time limit for the abolition of the moratorium. In this way, it was possible for the secured creditor, and from the 2017 amendment also the lien creditor, to enforce their claim through the enforcement procedure, as a procedure of individual enforcement, by individual settlement, or out-of-court settlement procedure in accordance with Art. 29 - 38 of the Mortgage Act, with the same features, if two cumulative conditions are met: 1. that the value of the property in question is lower than the amount of secured claim; and 2. that the property in question is not crucial for the reorganization or sale of the bankruptcy debtor as legal entity. In the event that the secured or lien creditor fails to redeem the assets that are the subject of the decision on termination of the measure of prohibition of enforcement and settlement referred to in Art. 93a or 93b, within nine months of the validity of the decision, the bankruptcy judge ex officio issues a decision stating that the measure of prohibition of enforcement and settlement in relation to that property has been re-established. The legal prohibition of enforcement and settlement also applies to the exercise of the rights of secured and lien creditors. However, the effect of this prohibition on secured creditors was characterized as one of the key irregularities of the existing bankruptcy framework, that is, the position of the secured creditors before the 2017 novelty.
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