أحكام المعسر في المعاملات المالية في الفقه الإسلامي مع إشارة خاصة لمشروع الأسر المنتجة بجمعية الإصلاح بالبحرين /إعداد خالد عبد الرحمن عيسى الشنو

Abstract

Insolvency is a challenging problem related to the provisions and earnings of many people and their economic life. Various adverse effects impact the living standards of individuals, communities, institutions and governments negatively. For long, the Muslim religious scholars in the past and recently have been investigating in their jurisprudence studies and classifications the dismal financial transactions and means of debt protection, preventive and curative measures. The researcher, therefore; sought to write about this topic explaining the rules and provisions of insolvent financial transactions in Islamic Fiqh, with particular reference to the productive families project by Al-Eslah Society in Kingdom of Bahrain as a therapeutic endeavor to this problem. The thesis falls into four parts and a conclusion. The first chapter is entitled: Concept and provisions of the insolvent in contemporary financial transactions. It includes four sections: the concept of insolvency and its relevant terms, reasons behind it and means of its proof, the insolvent provisions in financial sales and leasing, and the insolvent provisions in debts and rescinding debts. The second chapter is entitled: Means of debt protection from insolvency in Islamic Fiqh. The chapter includes four sections: about the roles of mortgage, bail, bill of exchange, agency, Interdiction, and sale of debt and its insurance in debt protection from insolvency. The third chapter is entitled: Protective and curative measures for insolvency. It has three sections on the role of the individuals whether insolvent or owner of the right to protection and treatment, the role of the family and institutions, and the role of the state in taking these measures. The fourth and final chapter is entitled: “Productive families project in Al-Eslah society in Kingdom of Bahrain as an exemplary pattern”. The chapter includes four sections; introduction to the project, its leading role to establish a solution and treatment for insolvency and a presentation to the statistical analysis and results of questionnaires distributed for participants in the project. The conclusion includes some significant results and recommendations