Settlement of Debts through Compulsory Set-off
DOI:
https://doi.org/10.35516/law.v51i3.2815Keywords:
Settlement, debts, compulsory set-offAbstract
Objectives: This study aims to explore the possibility of debt settlement through compulsory set-off, including defining the concept, legitimacy, and conditions of compulsory set-off. It also seeks to understand the perspectives of jurists on this matter and highlight some of its juristic forms or applications.
Methods: The study followed the inductive and deductive methodology by reviewing and analyzing texts related to the study's topic. It also employed a comparative approach to compare juristic opinions and clarify the prevailing ones.
Results: The study yielded several results, including the finding that compulsory set-off is a shortcut for resolving many problems arising from the issue of settling overdue debts. The study indicated two main trends among jurists: the first trend, supported by the majority of Hanafi, Shafi'i, and Hanbali scholars, asserts the permissibility of settling debts through compulsory set-off. The second trend, advocated by the Maliki school, denies its permissibility. The researchers argued in favor of adopting compulsory set-off in debt settlement, as it aligns with the principle of clearing obligations, alleviating burden and hardship for both creditors.
Conclusion: Compulsory set-off occurs between two equal and similar debts in terms of type, amount, maturity, and resolution. It contributes to solving debt-related problems, cutting off the roots of conflict and disagreement between debtors.
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References
Aaron Z. Pitluck. (2022). Beyond debt and equity Dissecting the red herring and a path forward for normative critiques of fi nance. Focaal—Journal of Global and Historical Anthropology, 93, 61. DOI:10.3167/fcl.2022.930105.60–74
https://www.berghahnjournals.com/view/journals/focaal/2022/93/fcl930105.xml
Al-Ansari, Z. (d. 926 AH) (1994). Fath al-Wahhab explained the curriculum of students. Beirut, Dar Al-Fikr.
Ansari, Z. (T: 926 AH). The best demands explain talibtalib. 1st edition, Beirut, Scientific Book House.
Badr, A., Al-Masry, A., and Sayed, A. (2017) The extent to which Islamic bank transactions are compatible with the rules of Islamic economics, Journal of King Abdulaziz University: Islamic Economics, 30(3), 167-184 . DOI: 10.4197/Islec. 30-3.6 https://www.researchgate.net/publication/320465920
Al-Bakhit, J. (2001 AD). Electronic payment cards. Egyptian Banking Institute.
Al-Bahouti, M. (d. 1051 AH). Scout mask on the board of persuasion. Beirut, Scientific Books House.
Al-Bayhaqi, A. (d. 1344 AH). Sunan al-Bayhaqi. 1st floor, Council of the Department of Systematic Knowledge, Hyderabad,
Bukittinggi. G. B. (2018) Benefiting from illegally acquired funds: A study of the jurisprudential objectives of Yusuf al-Qaradalawi. 13(2). DOI: 10.19105/al-lhkam.v13i2.1670
https://ejournal.iainmadura.ac.id/index.php/alihkam/issue/view/165
Carballo-Penela, A., Ruzo-Sanmartín, E., Álvarez-González, P., & Paillé, P. (2023). How do GHRM practices influence firms’ economic performance? A meta-analytic investigation of the role of GSCM and environmental performance. Journal of Business. 165(1), 4. DOI:10.1016/j.jbusres.2023.113984
https://authors.elsevier.com/sd/article/S0148-2963(23)00342-9
Al-Tirmidhi, M. (T892). Sunan al-Tirmidhi. Beirut, Dar Al-Gharb Al-Islami.
IbnJazya', A. (d. 741 AH). Jurisprudence laws. Beirut, Dar Al-Fikr.
Al-Jassas, A. (d. 370 AH) (1994). provisions of the Qur'an. 1st Edition, Beirut, Scientific Book House.
Al-Jamoud, F. (1999 AD). The Legal System for Credit Cards. Jordan, House of Culture for publication.
Al-Hakim, A. (died 405 AH). The correct one. Investigation: Mustafa Abdel Qader Atta, Beirut, Dar Al-Kutub Al-Alami.
Al Hadidi, A. (2020 AD). Electronic Banking Clearing: A Comparative Study, Master's Thesis in Private Law, Faculty of Law, Middle East University.
Al-Hattab, st. (d. 954 AH) (2003). The Talents of the Galilee to Explain the Summary of Al-Khalil, investigation: ZakariaAmirat, Dar Alam Al-Kutub.
Al-Haskafi, M. (d. 1088 AH) (1423 AH - 2002 AD). Al-Durr Al-Mukhtar Explanation of Enlightenment of Visions. Beirut, Scientific Book House.
Al-Hamwi, A. (d. 1098 AH) (1405 AH - 1985 AD). Insightful Eyes Wink. Beirut, Scientific Book House.
Al-Kharshi, A. (d. 1101 AH). Brief Description of Khalil. Beirut, Dar Al-Fikr.
Al-Khattabi, A. (1932 AD). Landmarks of Sunnah, Aleppo. Scientific Press.
Desouki, A. (2012 AD). Clearance and its Contemporary Applications from an Islamic Perspective. A dissertation submitted to obtain a doctorate degree from Yarmouk University, Faculty of Sharia.
Al-Desouki, M. (d. 1230 AH). Al-Dasouki Footnote on the Great Explanation. Beirut, Dar Al-Fikr.
Al-Razi, F. (d. 605 AH). Unseen keys. Arab Heritage Revival House.
Al-Razi, M. (d. 666 AH). Mukhtar Al-Sahah. Lebanon Library for Publishing and Distribution, 1986.
Al-Ramli, Sh. (d. 1004 AH) (1404 AH-1984 AD). The End of the Need to Explain the Curriculum. 1st edition, Beirut, Dar Al-Fikr.
Al-Zarkashi, A. (d. 794 AH) (1405 AH - 1985 AD). Scattered in Jurisprudence Rules. Kuwaiti Ministry of Awqaf.
Al-Zuhaili, W. (2004 AD). Credit Cards: Research submitted to the Muscat Conference. Fifteenth session.
Al-Zamakhshari, A. (1985 AD). Basis of Rhetoric. 3rd Edition, The Egyptian General Book Organization, Cairo.
Al-Zailai, p. (d. 743 AH). Explaining the facts, explaining the treasure of minutes. Cairo, Al-Kubra Al-Amiri Press.
Al-Salous, P. (1992 AD). Contemporary financial transactions in the balance of Islamic jurisprudence. Dar Al-Falah Library.
Al-Sarkhasi, M. (d. 483 AH) (1993). happy. Beirut, Dar al-Ma'rifah.
Sanhouri, p. (1985 AD). Mediator in Explaining Civil Law. Beirut, Heritage Revival House.
Siwar, M. (2006 AD). In-Kind and Dependent Rights. Amman, House of Culture for publication and distribution.
Al Shafei, M. (died 204 AH) (1410 A.H.-1990 A.D). The mom. Beirut, Dar Al-Ma'rifah Publishing House.
Shabeer, M. (2006 AD). Total Rules and Jurisprudential Controls in Islamic Law. 2nd edition, Amman, Dar Al-Nafees.
Al-Sherbiny, M. (d. 977 AH) (1994 AD). Needy Singer. 1st Edition, Beirut, Scientific Book House.
Al-Shirazi, A. (d. 476 AH). The Polite in the Jurisprudence of Imam Shafi'i. Beirut, Scientific Books House.
Sheikhizadeh, p. (d. 1078 AH). Al-Anhar Complex in explaining the meeting place of Al-Abhar. Arab Heritage Revival House
Asmadi Mohamed Naim, Muhammad Nasri Md. Hussein Mohamad Noor Habibi Long, and Mahyuddin Abu Bakar Sharīʿah. (January 2016). Appraisal of the Concepts of Ḍamān, Taqṣīr, and Taʿaddī in Trust-Based Contracts (ʿUqūd al-amānāt). JKAU: Islamic Econ. 29(1), 3-20.
Al-Tabari, M. (died 310 AH) (2000 AD). Collector Statement in the Interpretation of the Koran. Investigated by Ahmed Mohamed Shaker, 1st Edition, Dar Al-Resalah for Publishing.
IbnAbdeen, M. (d. 1252 AH) (2008). Al-Duriyyah Contracts in Explanation of Al-Hamidiyah Fatwas. 1st Edition, Beirut, Scientific Book House.
IbnAbdeen, M. (d. 1252 AH) (1421 AH - 2000 AD). A Footnote to the Confused Response to Durr Al-Mukhtar. Beirut, Dar Al-Fikr.
Abdeen, M. (2010 AD). Lectures on the Work of Banks from a Legal Point of View. Without a publishing house.
Al-Omari, M. (2014 AD). The sponsor's return to the principal: a jurisprudential study compared to the Jordanian civil law. Al-Manara Journal for Research and Studies, 20(2).
Ghanem, A. (1976 AD). In the General Theory of Commitment. Provisions of commitment and its proof, Cairo.
IbnAbd al-Bar, a. (d. 463 AH) (1400 AH-1980 AD). Al-Kafi in the jurisprudence of the people of Medina. Riyadh, Riyadh Modern Library.
IbnFaris, A. (died in 395 AH) (1981). Language Standards Dictionary. 1st edition, Beirut, Dar Al-Jeel.
IbnQudamah, A. (682 AH). The singer. 4th Edition, Beirut, Dar Al-Fikr Publishing, 1981.
Kadri Pasha, M. Hiran Guide. Cairo, Arab Horizons House.
Al-Qarala, A. (2007 AD). The right of privilege in Islamic jurisprudence. Jordan Journal of Islamic Studies, 3(3).
Al-Qurtubi, A. (d. 671 AH). The Whole of the Provisions of the Qur'an. Riyadh, Book World House.
Al-Qaradawi, Y. (1973 AD). The Jurisprudence of Zakat, a Comparative Study. Beirut, Al-Resala Foundation.
Ibn al-Qayyim, M. (d. 715 AH) (1998). Inform the Signatories of the Lord of the Worlds. Cairo, Al-Azhar Colleges Library.
Al-Kasani, p. (d. 587 AH) (1406 AH - 1986 AD). Goodies of Crafts in the Order of the Canons. 2nd Edition, Beirut, Scientific Book House.
Kahya.H.K. Shaykh al-Islām’s Dream Is Coming True: From Evkaf Bank to Vakif Participation Bank, Establishing a Bank with a Cash Waqf] ŞeyhülislamınGerçekleşenRüyası: EvkafBankası’ndanVakıfKatılım’a Para Vakfıyla Banka Kurma[(2022) DarulfununIlahiyatt,Vol 34(1),PP. DOI: 10.26650/doi.2023.34.1.1194418
https://cdn.istanbul.edu.tr/en/journal/ilahiyatjournal/home
Al-Mojtaba, M. (2015 AD). Means of Discharging the Debtor in Sudanese Banks: A Comparative Study. PhD thesis, Omdurman Islamic University, Sudan.
Madkour, M. (1956 AD). Set-off in Islamic Jurisprudence. 1st floor, Cairo, Faggala Press.
Al-Mardawi, p. (d. 885 AH). Fairness in Knowing the Most Correct of the Dispute. Beirut, Arab Heritage Revival House.
IbnManzoor, M. (D. 711 AH) (1414 AH). Arabes Tong. 3rd edition, Beirut, Dar al-Sadr.
IbnNajim, Z. (died 970 AH) (1980). Similarities and Isotopes. Scientific Books House, Beirut.
IbnNajim, Z. (d. 970 AH). Al-Bahr Al-Ra'iq Explain the Treasure of Minutes. Islamic Book House.
Al-Hajri, M. (2018 AD). Compulsory clearing in the Makassed scale. Al-Andalus Journal, 13(11).
Ministry of Endowments and Islamic Affairs, Kuwaiti Encyclopedia of Jurisprudence. 1st floor, Kuwait, Dar Al-Safwa Press.
Al-Lahham, N. (2004 AD). Set-off in Islamic Jurisprudence and the Extent of its Application in the Banks of the Gaza Strip. Master's thesis at the Islamic University, Faculty of Sharia and Law.
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Accepted 2023-12-19
Published 2024-09-15
