Penalties for the crime of fraudulent bankruptcy in Palestinian law in the light of Islamic law

Ishqair, Muath M. S. and Elshobake, Mohammed R. M. (2023) Penalties for the crime of fraudulent bankruptcy in Palestinian law in the light of Islamic law. Journal of Marcil for Social Science (JMSS). E-ISSN 2785-8294 (In Press)

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Abstract

The penalty for fraudulent bankruptcy is considered a means to deter the perpetrators of this crime with the aim of protecting creditors. Therefore, countries are keen on criminalizing fraudulent bankruptcy and determining deterrent penalties for its perpetrators. The Palestinian legislator has followed this approach by criminalizing fraudulent bankruptcy and specifying penalties for this crime in Palestinian commercial law, aiming to both reduce this crime and protect the rights of creditors. This research aims to determine the penalty for the crime of fraudulent bankruptcy in accordance with the provisions of Palestinian law and the provisions of Islamic criminal jurisprudence. This research will use the descriptive analytical method to clarify the concept of fraudulent bankruptcy in Palestinian law and Islamic Sharia, criminalize fraudulent bankruptcy in Palestinian law and Islamic jurisprudence, and explain the penalty for fraudulent bankruptcy in Palestinian law and Islamic Sharia. This research concludes with a set of results and recommendations, the most important of which is the necessity to work on implementing alternative means to resolve criminal disputes related to bankruptcy, such as criminal reconciliation.

Item Type:	Article (Journal)
Uncontrolled Keywords:	penalty, fraudulent bankruptcy, Palestinian law, Islamic Sharia
Subjects:	BPK Islamic law. Shari'ah. Fiqh K Law > K Law (General) K Law > K5000 Criminal Law K Law > K85 Legal research K Law > KBP Islamic Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr. MOHAMMED R. M. ELSHOBAKE
Date Deposited:	21 Nov 2023 10:00
Last Modified:	21 Nov 2023 10:00
URI:	http://irep.iium.edu.my/id/eprint/107403

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