Document Type : Original Article
Authors
1
1. Professor, Department of Islamic Jurisprudence and Foundations of Islamic Law, Faculty of Theology and Islamic Studies, University of Mazandaran, Babolsar, Iran.
2
PhD student in Jurisprudence and Law, Faculty of Theology, University of Mazandaran, Babolsar, Iran
3
Ph.D. in Islamic Jurisprudence and Foundations of Law, and Assistant Professor at Islamic Azad University, Qom Branch, Iran.
Abstract
In the Islamic financial system, the division of debt in situations involving multiple debtors and a single creditor is a complex yet crucial issue. This research, aiming to examine this topic from both jurisprudential and legal perspectives, analyzes the opinions and arguments of Islamic jurists in this regard. In this context, it first addresses the conceptual understanding of key terms, including debt division, partnership, and single creditor, and then reviews the opinions of jurists regarding debt division in the case of a single creditor and multiple debtors. Subsequently, the jurisprudential and legal arguments related to this topic, such as the rule of 'fulfilling promises' (al-Wafa bil-Ahd), the rule of 'justice and equality' (al-Adl wal-Musawat), and the rule of 'guarantee' (al-Dhaman), are analyzed. Finally, the theory of debt division in the case of a single creditor is critically examined from various angles. The results of this study indicate that in the case of a single creditor, the debt should be divided in proportion to the financial capacity or shares of the debtors, and in the case of joint and several liability, the creditor can claim the entire debt from any debtor. This research is conducted using a descriptive and analytical method, and by utilizing jurisprudential and legal sources, it provides a solid framework for debt division in the case of a single creditor.
Keywords