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Document Type |
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Thesis |
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Document Title |
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Thesis Title: The Provisions of Bankruptcy and Revocable Transactions (A Comparative Study between Islamic jurisprudence And Saudi Bankruptcy Law أحكام الإفلاس والتعاملات القابلة للإلغاء "دراسة مقارنة في ضوء الفقه الإسلامي ونظام الإفلاس السعودي |
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Subject |
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Faculty of Arts and Humanities |
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Document Language |
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Arabic |
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Abstract |
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The bankruptcy Procedures and Revocable Transactions in Saudi bankruptcy law has a new terminology unknown in Fiqh provisions, which is the issue of this study.
This research aims to introduce and clarify the new terminology of the bankruptcy Procedures and Revocable Transactions comparing to Shari’ah Law. Moreover the main question of this study is: what are the Provisions of Bankruptcy and Revocable Transactions in Saudi Bankruptcy law and Islamic jurisprudence?
The approach of this study is comparative analytical study by clarifying the Provisions of bankruptcy Procedures and Revocable Transactions according to Islamic jurisprudence without prejudice. Moreover, clarify Fiqh Adaptation of each Procedure: Protective Settlement, financial Restructuring, Liquidation, Administrative Liquidation and Revocable Transactions.
This research relied on the guide of writing scientific letters issued by King Abdul Aziz University in Jeddah (1430 Ah - 2009). The research presented, coordinated, footnoted, and sourced the following KAU methods with little changes.
The most important results of the study: The Procedure of: Protective Settlement, Financial Restructuring
Liquidation, Administrative Liquidation and Revocable Transactions are a new terminology in laws and unknown in Shari’ah Law. However, The Provisions of bankruptcy Procedures can be obtained in Islamic jurisprudence.
The most important recommendations of the study: Support searching and publishing comparative studies to Shari’ah Law for Saudi bankruptcy law matters such as: Moratorium, Debts Ranking, Securities Arrangements, Provisions of Deceased Debtors, Mutual Debts and Set-off.
Keywords: Bankruptcy- insolvency- Saudi Bankruptcy Law- Islamic law- Protective Settlement
Financial Restructuring- Liquidation- Administrative Liquidation- Small debtor- Related Party- Distressed Debtor- Bankrupt- Regulated Entity- Competent Authority- Bankruptcy Trustee- Bankruptcy Assets- Moratorium- Bankruptcy Debts- Bankruptcy Register- Judicial Depository- Proposal- Plan-Financing- Debts Ranking- Revocable Transactions- Securities Arrangements- Set-off- Deceased Debtors- Mutual Debts |
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Supervisor |
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Prof. Lotfi Aimer AlNefti |
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Thesis Type |
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Doctorate Thesis |
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Publishing Year |
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1444 AH
2023 AD |
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Added Date |
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Sunday, April 23, 2023 |
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Researchers
| هاني سعيد الغامدي | Alghamdi, Hani Saeed | Researcher | Doctorate | |
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