تفاصيل الرسالة العلمية

This research addresses an important aspect of people treatments concerning the Unadapted Debts (bad debt) and its Modern Applications. The research connects the subject and compare it with Jordanian Civil Law in a Jurisprudential Study. With an introductory and three chapters, the researcher covers the subject through projecting the Islamic methodology and comparing it with the Jordanian Civil Law. Chapter I covers the Unadapted Debt (bad debt) and Cases which the debt becomes Unadapted. The chapter started by defining the concepts of the Unadapted Debts in the Islamic Law (Sharia) and Jordanian Civil Law and ending with introducing the Cases which the debt becomes Unadapted (Bankruptcy, Insolvency, Death). Chapter II covers the Unadapted Debts (bad debt) and the methods for protecting these debts from being unadapted (preventive and treatment) available in Islamic Law (Sharia) as well as in Jordanian Civil Law. The chapter addresses the Preventive Methods (Written Documentation, Mortgaging, Witnessing, Bonds, Bails and Insurance) and Treatment Methods (Transfer, Inheritance, Will, Zakat and Islamic Cooperative Insurance) with explaining the foundation fundamentals for the legality or il legality of these methods. Chapter III introduces the Islamic Law arranged on the Unadapted Debt and some of their Modern Applications in three parts: Part 1 explains Due-Date Delaying and Shortining and Value Difference (discrepancy) where Part 2 represents the Debts Selling and its cases (Selling the debt to the Indebted Person or any other person by Directly and Delayed Due-Date, Selling the Unadapted Debt). Part 3 of this chapter targets the Zakat Laws related to the Unadapted Debt). Finally, the research concluded all issues clearly and presenting the legality or illegality of them with providing applicable recommendations for protecting the debts and avoid being Unadapted