المؤيدات الشرعية لحمل المدين المماطل على الوفاء و بطلان الحكم بالتعويض المالي عن ضرر المماطلة

الملخص EN

the principal in lieu of delay in payment.

But Professor Mustafa Zarqa, in a paper published in Vol.

2, No.2 of this Journal, allows a court verdict obliging the financially capable delinquent debtor to compensate the creditor for the loss suffered due to the delay in payment.

The author refutes this question on Islamic grounds, noting that the Shariah does not hold a usurper liable for the benefits of the usurped property except in case of rentable goods.

If the usurped goods cannot be hired, as is the case with money, the usurper is liable for the principal only.

The Islamic solution to delinquency is to remind the debtor of the punishment in the hereafter, to imprison or punish him otherwise; and, lastly, to sell his property through the court.