The Bankrupt Debtor's Interdiction in Jurisprudence and Law

Abstract

This research dealt with the legitimacy of the Interdiction on the bankrupt debtor in Islam Sharia and its related provisions. It explains the wisdom of the interdiction legislation in Islam and its essential role in saving the soul of the debtor, preserving his rights and creditors' money from loss to ward off damage to them. His money also deals with the rich debtor who is late in payment without a legitimate reason. The end of the bankruptcy state and the lifting of the Interdiction on the bankrupt debtor explained that the system of Interdiction on the bankrupt is the CreatorCreator of the Islamic system because it was not known in the old laws. It is "one of the legal and legal topics that require the attention of researchers for its importance in the real and practical life of members of society, whether theoretically or practically. It is one of the most important and most influential research topics".

Jordanian law has defined the legitimate means of protection of execution so that each debtor's funds are a guarantor of paying his debts, and all creditors are equal in this guarantee. From clarifying the meaning of Interdiction, Interdiction linguistically means preventing a person from disposing of his money. As for the concept of Interdiction in the Jordanian Civil Code, it stipulates that the debtor is prevented from disposing of his property if his debts exceed his money, and the Interdiction is by a court decision at the request of the debtor or one of the creditors based on reasonable reasons. Preventing the bankrupt debtor who is interdicted from disposing of his property is aimed at ensuring creditors' rights. The interdiction results in the interdicted person being cut off from disposing of his property and not inflicting physical punishment on him, and a court ruling issues the Interdiction. It also disappears by a judgment, and the Interdiction is a temporary state that is not permanent and ends with the disappearance of the reasons for its existence.

Keywords: Interdiction, Bankrupt, Debtor, Jurisprudence, Law.

DOI: 10.7176/JPCR/59-06

Publication date: August 30^th 2025