Is a Muslim debtor obligated to repay the remainder of his debt (excluding usury) after officially declaring bankruptcy, even if his assets were sold for less than their value, and is it taken into consideration that this store might be his sole source of income?
Bankruptcy is when debt exceeds assets. If the debtor is in such a state, and the creditors request the ruler to interdict him, the ruler must comply. Interdiction entails several rulings, including: preventing the debtor from disposing of his property; the creditors' right becoming attached to the property; the right of anyone who finds his exact property with the bankrupt individual to claim it; and the ruler's authority to sell the property and distribute the proceeds among the creditors proportionally to their debts. The bankrupt individual is allowed to keep what he needs of necessities, while any surplus is taken. Any debt that the court could not settle remains the Muslim debtor's liability until he is able to repay it. As for usurious debt, it is not permissible to pay interest except under duress.
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- Original fatwa ID
- 17168
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