Amman – Raed Sbeih

After the suspension of the law preventing the imprisonment of the debtor and the expiry of the legal period for that yesterday, Sunday, the Jordanian street is cautiously awaiting the results that may result from that, which may have wide social repercussions if the laws that require the imprisonment of the debtor who is unable to pay his debts are implemented, and at the same time the voices demanding are increasing. Emphasizing the principles of compassion and transgression that were brought by the Islamic Sharia and by which the people of our society work by providing aid and assistance to every person in need and transgressing and being patient with every insolvent who does not find a way to pay his debts.

In this context, the professor of Islamic law, Dr. Ahmed Al-Shahruri, warned of the great social risks that could result from stopping the implementation of the law “preventing the imprisonment of debtors,” calling on society to have mercy on each other and facilitate a decent life for those insolvent debtors, as confirmed by Islamic law, so that they do not They walk, God forbid, in the line of crime.

Al-Shahruri said in his statements to:compass“: In light of the reinstatement of the imprisonment of debtors and the abolition of his detention due to the Corona pandemic, the truth is that I have read saying that if you find the thief stealing by aggression and without need, cut off his hand, and if you see the thief stealing for a need, then cut off the hand of the ruler, and the truth here is that the ruler represents what I see in the whole society Because the whole society condemns this person to walk in the line of crime unless it facilitates for him the means of a decent life.

He continued his speech by saying: “The truth is also that our jurists looked at a great and beautiful look at the insolvent, so a respectable group of our scholars prevented the owner of the religion from asking the insolvent for his religion, but rather they promised that it is forbidden, because He, the Blessed and Exalted, said: (So a look at a facilitator).”

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And he stressed that the believers are required to have mercy on each other, “so the believers in their mutual love, mercy and sympathy are like the body.

And al-Shahruri added, “So, we are required to look after the insolvent and not to put pressure on him, and not to be us, the circumstances and the world on him, and this is on the one hand.”

And he added, “On the other hand, we implore God Almighty for every debtor who is able to take the initiative to pay the debt, so that he does two actions, first rid his neck of claiming this debt, which is humiliation during the day and an illusion at night, so if he is able to pay and does not pay, then he chose the narrower of the two paths.” in his living and his life.”

And he continued by saying: As for the other matter, because people are in need, and everyone who gives his money to his requester, when the rich person refuses to pay the debt, he closes the door to the grace and generosity of the people, because this creditor, when he sees the one who is able to pay, is unable to pay, he is determined not to give his money. never to a student, regardless of his need or not.”

He concluded his speech tocompassBy warning that those who have the ability to pay off debts and refuse to do so become one of the ways to prevent compassion between people, and they have adopted a bad tradition, which is the severing of ties of kinship and connection between people and the distance from redressing thoughts.

What is the reward of the creditor who forgives his right?

In a fatwa issued by it, the Jordanian Fatwa Department urged tolerance, forgiveness, and transgression for the insolvent debtors, and indicated the great reward that awaits the patient and transgressor creditor.

In the fatwa it issued, the department said that debts are financial rights owed by the debtor, and the principle is that they must be paid whenever their due date falls, and it is not permissible for the solvent debtor who is able to pay to delay the performance of his debt whenever he is able to do so. The Prophet, may God’s prayers and peace be upon him, counted that as an injustice, and he said, peace and blessings be upon him: (The delay of the rich is injustice) Agreed upon; Also, the debt is a donation from the creditor to the debtor without consideration in excess of the amount of the debt. The reward for benevolence by donating the debt should be benevolence in repayment by not procrastinating for those who are able to pay it, otherwise people will refrain from lending for lack of confidence in repayment, and in that there is harm to the individual, society and the economy that is known to the people of experience.

The fatwa indicated that Sharia stipulated that the debt must be paid whenever its due date comes, and it is recommended to write the debt and bear witness to it in order to preserve rights. B Between you is a scribe with justice}, And the Almighty said: {And bear witness Two witnesses from among your men, and if they are not two men, a man and two women from among the witnesses that you accept, lest one of them errs, then do so. one of them hates the other} [البقرة: 282].

And the department added in its fatwa by saying: But the debtor may default and his debts overwhelm him and he cannot pay them with what is available to him of the money, so this is the one who is insolvent in the custom of the Sharia, and the wise Sharia came with solutions for the insolvent, including that it obligated the creditor to look to the insolvent when the term of his debt comes, so he postpones it for an easy time if proven. He is insolvent, or the debt is waived from him and he gives it in alms to him, and arranges patience and respite for the one who is in difficulty or gives alms to him the great reward in the Hereafter. knowledgeable [البقرة/280].

According to the fatwa: Imam Al-Nasafi, may God have mercy on him, said: “{And if he is in hardship} and if one of your creditors falls in difficulty with insolvency {then look} then the judgment or the matter is a look i.e. look {to a soft one} to a soft left, {and to give alms}: that is, you give alms with your capital or part of it on those who are left-handed among your creditors {better for you} in the resurrection, and it was said that I want to give alms; For his saying, peace be upon him, the debt of a Muslim man who delays it is not lawful except that it is for him every day as charity {if you knew} [البقرة:226]” [مدارك التنزيل 1/ 226].

And she emphasized that with this came the purified Sunnah, according to the Prophet, may God’s prayers and peace be upon him, who said: (He was a merchant who took loans from people, and if he saw someone insolvent, he said to his boys: Forgive him, perhaps God If he turns away from us, then God turns away from him) Agreed upon.

She pointed out that one of the legal solutions that Islam made for those burdened with debts is to pay zakat to debtors, according to its legal conditions. because they are one of the zakat banks; For the Almighty says: {The alms are only for the poor and the needy, and those who collect them, and those whose hearts are to be reconciled, and for the freeing of slaves, and for those in debt, and for insulting others. God and the wayfarer are an obligation from God, and God is All-Knowing, Wise.} [التوبة: 60].

The fatwa said that the debtor is the one who borrowed for a legally permissible matter and the time of fulfillment of the debt came and he was unable to do so, so he is given from the zakat what helps him to pay his current debts.

And she concluded the fatwa by saying: And his flame; So people should have mercy on each other, reconcile and forgive each other, and one of them should take care of his brother’s needs if he can, and that the owner of the right should give respite to the one who owes the right, and transgress if possible. God only knows.

It is worth noting that according to government data until the end of last January, the number of people wanted in civil debt cases reached (157,367), including (137,715) people whose debts are less than twenty thousand dinars.

(compass)