Law Commons^™

Protection Of Debts Under Islamic Jurisdiction- صيانة المديونيات ومعالجتها من التعثر في الفقه الإسلامي, Prof. Dr. Mohammad Othman Shebair

UAEU Law Journal

This study deals with the Islamic figh methods concerning the doubtful debts issue affecting a considerable number of the contemporary financial institutions , with special concentration on the penalty clause applied by many contemporary laws, as when the creditor agreed to receive a Surplus payment from the debtor if the later fails to repay him on due time.

The Study shows that such clause is illegal if related to the debts and the surplus payment received by the creditor himself, because such action is considered no more than usury.

However the Surplus payment can be made to a welfare body, …

Insuring Doubtful Debt In Cooperative Insurance, Prof. Mohammad Alzuhaili

UAEU Law Journal

The doubtful debt is one of the issues in Islamic financial system. Recently the cooperative insurance which comply with the Shari’ah principles emerge in the Islamic financial market. Therefore, The scholars question the rulings related to the doubtful debt in the cooperative insurance in order to secure the rights of creditor and to ease the Islamic transaction with the different level of society.

This paper try to answer the legitimacy of this kind of insurance and concluded that it is valid provided that it fulfils certain conditions related to the principles of Shari’ah. The paper also explain the Shari’ah …