Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

MULĀZAMA OR HARASSMENT OF RECALCITRANT DEBTORS IN ISLAMIC LAW

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of Islamic Law and Society

The institution of mulāzama, or the harassment of the debtor through the constant pursuit of him, could obtain in three situations: (a) the pursuit of a penniless debtor who has been released from prison and declared bankrupt by a judge, (b) the pursuit of a debtor capable of paying his debt, and (c) the pursuit of a debtor before trial, lest he flee, pending the production of witnesses. Only Abū Hanīfa, and, following him, the dominant opinion of his school, supported the first. Some later Hanafīs as well as jurists of other schools supported the other two in varying degrees, until relatively modern times when the institution was declared inoperative or has been completely ignored. The harshness of the early Hanafī position suggests an origin in a preceding civilization: possibly the Roman, because of similarities in terminology; possibly the Indo-Iranian, because of the provenance of early Hanafīs in territories influenced by that civilization; or both.

Affiliations: 1: University of Washington

10.1163/156851900507652
/content/journals/10.1163/156851900507652
dcterms_title,pub_keyword,dcterms_description,pub_author
6
3
Loading
Loading

Full text loading...

/content/journals/10.1163/156851900507652
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/156851900507652
Loading

Article metrics loading...

/content/journals/10.1163/156851900507652
2000-10-01
2016-12-03

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Islamic Law and Society — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation