EVALUATION OF THE DEBT OF THE DEBT IN THE ISLAMIC LAW

Abstract

The Rules of law take place on the top in the function of providing social order. These rules coincide with the second when the practical part of the law is observed in the divergence of the existing law (de lege lada) and the necessary law (lege ferenda) theoretically. It is necessary to note that these explanations are statements related to the Anglo-Saxon Law System, because the law available in Islamic law is the quintessential law in need of. In the classical classification of Islamic jurisprudence, with contemporary phrase, the Law of Obligations, which is about the responsibilities and obligations of the persons who are included in the field of transactions and whose legal wills are legally concluded directly arising from the legislation or judicial actions, has a wide place according to other fields. This field is examined and detailed in the title of Kitab-ûl Bûyu' (sales contract) in the books of Fiqh. This study entitled Borrower's Prison in Islamic Law prepared in accordance with the sacred source of Islamic Law, especially the Quran, Hadiths of the Prophet (pbuh), the practices of companions and views of Imams interpreting of Islamic law and other sectarian lawyers in the next periods is an effort to determine the legal remedies on the subject.