Debtors' Incarceration in Islamic Jurisprudence and Jordanian Law

Authors

Mohamed Khalaf Bani Salama, World Islamic Sciences and Education University JordanFollow
Khouloq Daif Allah Agha, World Islamic Sciences and Education University Jordan.Follow

Abstract

This study deals with debtors' imprisonment from both the perspective of Islamic and Jordanian Law. It discusses the pro and anti scholars' view of incarcerating debtors, the legal nature of debt, debt types, and debts that result in incarceration in Jordanian Law. The research came to the conclusion that debt (no matter its nature) is a form of stimulus that moves life right along preventing stagnation. Debtors in Islamic Law are subjected to optional punitive measures while in Jordanian Law punishment of said debtors is a way of ensuring creditors' demands being met. Both the Islamic and Jordanian Laws allow debtors to be incarcerated under certain conditions, but it has to be pointed out that imprisonment of debtors does not automatically lead to their debts being dropped off or settled.

Recommended Citation

Bani Salama, Mohamed Khalaf and Agha, Khouloq Daif Allah (2011) "Debtors' Incarceration in Islamic Jurisprudence and Jordanian Law," UAEU Law Journal: Vol. 2011: No. 47, Article 6.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2011/iss47/6