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Imprisonment for insolvent debtors in Egypt with specific reference to Al-Gharemoun cases
Historically, handling debts was a major issue described in the Islamic legal realm and handling insolvent debtors is a category thereof. Recently, in the 21st century in Egypt, the numbers of incarcerated insolvent debtors has increased dramatically constituting one third of the Egyptian prison pop...
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AUC Knowledge Fountain
2018
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| _version_ | 1867613410260156416 |
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| access_status_str | Open Access |
| author | ElSherif, Nivert |
| author_browse | ElSherif, Nivert |
| author_facet | ElSherif, Nivert |
| author_sort | ElSherif, Nivert |
| collection | Thesis |
| dc_rights_str_mv | The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy. |
| description | Historically, handling debts was a major issue described in the Islamic legal realm and handling insolvent debtors is a category thereof. Recently, in the 21st century in Egypt, the numbers of incarcerated insolvent debtors has increased dramatically constituting one third of the Egyptian prison population. This paper addresses the legal developments relating to adjudication and imprisonment of debtors since the time of the prophet throughout the development of the Islamic legal jurists’ literature that supported practical solutions to debtors’ insolvencies. Investigation of middle age Egyptian and Ottoman court cases are incorporated to prove the success of the Islamic legal system at the time. The New Commercial Law of 1999 check penalties coupled with the penalties associated with security receipts have led to the exacerbation of the problem of the poor insolvent debtors in Egypt. The immediate incarceration of defaulting debtors for reasons beyond their control is abusive in nature and works against Islamic law and other western laws. Therefore, an imminent legislative law change against imprisonment is the first step to resolve the increasing insolvency prisoners’ situation. |
| format | Thesis |
| id | oai:fount.aucegypt.edu:etds-1448 |
| institution | American University in Cairo (Egypt) |
| last_indexed | 2026-06-10T12:35:42.290Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from AUC Knowledge Fountain — bepress |
| publishDate | 2018 |
| publishDateRange | 2018 |
| publishDateSort | 2018 |
| publisher | AUC Knowledge Fountain |
| publisherStr | AUC Knowledge Fountain |
| record_format | dspace |
| source_str | AUC Knowledge Fountain — bepress |
| spelling | oai:fount.aucegypt.edu:etds-1448 Imprisonment for insolvent debtors in Egypt with specific reference to Al-Gharemoun cases ElSherif, Nivert Historically, handling debts was a major issue described in the Islamic legal realm and handling insolvent debtors is a category thereof. Recently, in the 21st century in Egypt, the numbers of incarcerated insolvent debtors has increased dramatically constituting one third of the Egyptian prison population. This paper addresses the legal developments relating to adjudication and imprisonment of debtors since the time of the prophet throughout the development of the Islamic legal jurists’ literature that supported practical solutions to debtors’ insolvencies. Investigation of middle age Egyptian and Ottoman court cases are incorporated to prove the success of the Islamic legal system at the time. The New Commercial Law of 1999 check penalties coupled with the penalties associated with security receipts have led to the exacerbation of the problem of the poor insolvent debtors in Egypt. The immediate incarceration of defaulting debtors for reasons beyond their control is abusive in nature and works against Islamic law and other western laws. Therefore, an imminent legislative law change against imprisonment is the first step to resolve the increasing insolvency prisoners’ situation. 2018-06-01T07:00:00Z thesis application/pdf https://fount.aucegypt.edu/etds/449 https://fount.aucegypt.edu/context/etds/article/1448/viewcontent/auto_convert.pdf The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy. Theses and Dissertations AUC Knowledge Fountain islamic law judges |
| spellingShingle | islamic law judges ElSherif, Nivert Imprisonment for insolvent debtors in Egypt with specific reference to Al-Gharemoun cases |
| title | Imprisonment for insolvent debtors in Egypt with specific reference to Al-Gharemoun cases |
| title_full | Imprisonment for insolvent debtors in Egypt with specific reference to Al-Gharemoun cases |
| title_fullStr | Imprisonment for insolvent debtors in Egypt with specific reference to Al-Gharemoun cases |
| title_full_unstemmed | Imprisonment for insolvent debtors in Egypt with specific reference to Al-Gharemoun cases |
| title_short | Imprisonment for insolvent debtors in Egypt with specific reference to Al-Gharemoun cases |
| title_sort | imprisonment for insolvent debtors in egypt with specific reference to al gharemoun cases |
| topic | islamic law judges |
| url | https://fount.aucegypt.edu/etds/449 https://fount.aucegypt.edu/context/etds/article/1448/viewcontent/auto_convert.pdf |
| work_keys_str_mv | AT elsherifnivert imprisonmentforinsolventdebtorsinegyptwithspecificreferencetoalgharemouncases |