إعادة التنظيم المالي للمدين المفلس الصغير في نظام الإفلاس السعودي الصادر عام 1439 ه : دراسة مقارنة بالفقه الإسلامي

Abstract EN

This study aims to shed light on the procedures for re-organization of indebtedness, as well as the ensuing repercussions of such reorganization on both the creditor and the debtor in the Saudi regulation that was enacted in 1439, in addition to a comparison with Islamic law Shariah.

To this aim, the study has tackled several topics as follows: the concept of restructuring and financial reorganization, in addition to the relevant jurisdictional mechanism; the definition and concept of financial re-organization, small debtor, bankruptcy and the mechanism for initiating financial re-organization procedures for small debtors.

The study has also shed light on the effects of the opening of the financial reorganization procedure for small debtors, inclusive of the following: appointment of the officeholders, continuity of the debtor to manage his funds and business, inventory of bankruptcy assets and the right of the third party to recover their funds from the bankruptcy, and preparation of a proposal for financial reorganization.

The study has concluded that the Saudi regulation is keen to observe the rights and performance of duties; and that it does not violate Islamic law Shariah in its legal provisions.