ملازمة المدين : الجدوى و الفاعلية في ظل الوسائل المالية المعاصرة : دراسة فقهية

Abstract EN

The Feasibility and Effectiveness of Exercising Permanent Pressure on a Debtor to Meet his Due Debts in the Light of Contemporary Financial Means- jurisprudence study This paper examines feasibility and effectiveness of exercising permanent pressure on a debtor to meet his due debts in the light of contemporary financial means.

It consists of three parts: introduction, body, and conclusion.

The introduction covers the importance of the topic, the reasons for its investigation, the problem of study, and the method used in this work.

Tracking of debtor is clarified linguistically and religiously through "Sharia".

It simply means keeping the debtor under your attention and high alert of forcing him to meet his obligations.

It is an acceptable approach if the debtor is financially capable to pay his debts.

However, if he is insolvent, the researcher chose to say it is permissible, which is the Hanafi doctrine, unlike the public.

Tracking the debtor is the most appropriate, easiest and fastest way to regain rights since restoration of the rights of the contemporary judiciary proved to be paralyzed or unable to regain them through its legal system or tools.

The judicial system, intentionally or unintentionally ignored the only solution, and effective treatment to reach the desired goal easily through tracking debtors.

The researcher explained the controls and limits that are used in our time, and highlight the value of implementing this model and its impact on the various people's incomes: employees, merchants, farmers.

Debts are processed easily and within ideal short time.

The researcher strongly recommends making use of the principle of constant tracking and adopting a law for which rules and limits are set according to the current modernized world and its variables.