The concept of bankruptcy (al-Iflas) under Islamic law : a comparison with English and Malaysian personal bankruptcy laws

Othman, Ahmad Azam (2000) The concept of bankruptcy (al-Iflas) under Islamic law : a comparison with English and Malaysian personal bankruptcy laws. Doctoral thesis, University of Wales Trinity Saint David.

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Abstract

This research deals with the concept of bankruptcy (a]-iflias) under Islamic law in detail with special reference to Sunni schools of law (a1-madhahib)- To do this, the Qur'an, Hadith, their commentaries and classical manuals of Sunni schools are consulted. It also deals with English and Malaysian Personal Bankruptcy Laws as a comparison with Islamic law. Thus, this research excludes any discussion pertaining to partnership and company law unless they are relevant to the interpretation of Personal Bankruptcy Law. This research is divided into six chapters. Chapter One deals with the concept of bankruptcy petition and the jurisdictions of the court upon hearing the petition. Chapter Two deals with the legal consequences of the bankruptcy order. Chapter Three deals with the concept of repossession and the application of right of repossession. Chapter Four deals with the concept of realisation of the bankrupt's estate and the matters relating to it. Chapter Five deals with the concept of distribution. Chapter Six deals with the concept of discharge, it legal consequences and annulment of bankruptcy order. It has been established in this research that Islamic law provides a systemisation of bankruptcy law. Moreover, this research shows that there are similarities and differences between Islamic Bankruptcy Law, English and Malaysian Personal Bankruptcy Laws. It is hoped that, through comparison of these legal C) systems, a clearer understanding on Islamic Law of Bankruptcy is achieved.

Item Type: Thesis (Doctoral)
Subjects: B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc
H Social Sciences > HG Finance
K Law > K Law (General)
K Law > KD England and Wales
Divisions: Theses and Dissertations > Doctoral Theses
Depositing User: EThOS Web Service
Date Deposited: 12 Aug 2019 10:59
Last Modified: 12 Aug 2019 10:59
URI: http://repository.uwtsd.ac.uk/id/eprint/1073

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