Debt Provisions Between Bail and Assignment: A Comparative & Fundamentalist Study

Abstract

This study deals with the provisions of the debt between bail and assignment in Islamic jurisprudence. It is a fundamental study in the legality, provisions and rights, in comparison between debt bail and debt assignment, which represents the purpose of the study. It mainly aims at considering the provisions of the debt that is not expected to be paid back, due to the inability of the debtor to do so, as mentioned in the schools of jurisprudence as the debt and the contracts related to facilitating financial transactions have a great significance in helping the needy. The study began with an introduction in which the debt as well as its legitimacy and conditions were defined. Then it was divided into two axes: the first studied the debt bail - the concept, the legality and the provisions, and the other treated the debt assignment - the concept, the legality and the provisions. Each axis was concluded with the provisions of the termination of the bail and assignment, within the framework of the descriptive analytical approach. The study concluded, through extrapolating the opinions of Muslim Scholars, that the bail contract and assignment are legitimate and permissible, in order to strengthen the debt in the conscience and facilitate its fulfillment, and that the liability of the debtor is not discharged by bail, because the bail is an inclusion of a guarantee to another and is not a transfer, while it is acquitted in the assignment; because it is transferred to the custody of the guarantor, as stated in the legal evidence and the preponderant jurisprudential opinion.