MULĀZAMA OR HARASSMENT OF RECALCITRANT DEBTORS IN ISLAMIC LAW
Abstract The institution of mulāzama, or the harassment of the debtor through the constant pursuit of him, could obtain in three situations: (a) the pursuit of a penniless debtor who has been released from prison and declared bankrupt by a judge, (b) the pursuit of a debtor capable of paying his deb...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Brill
2000
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| In: |
Islamic law and society
Year: 2000, Volume: 7, Issue: 3, Pages: 289-299 |
| Online Access: |
Volltext (JSTOR) Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Summary: | Abstract The institution of mulāzama, or the harassment of the debtor through the constant pursuit of him, could obtain in three situations: (a) the pursuit of a penniless debtor who has been released from prison and declared bankrupt by a judge, (b) the pursuit of a debtor capable of paying his debt, and (c) the pursuit of a debtor before trial, lest he flee, pending the production of witnesses. Only Abū Hanīfa, and, following him, the dominant opinion of his school, supported the first. Some later Hanafīs as well as jurists of other schools supported the other two in varying degrees, until relatively modern times when the institution was declared inoperative or has been completely ignored. The harshness of the early Hanafī position suggests an origin in a preceding civilization: possibly the Roman, because of similarities in terminology; possibly the Indo-Iranian, because of the provenance of early Hanafīs in territories influenced by that civilization; or both. |
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| ISSN: | 1568-5195 |
| Contains: | Enthalten in: Islamic law and society
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| Persistent identifiers: | DOI: 10.1163/156851900507652 |