Evidence may have to establish two distinct propositions:
1. The debt or compensation is legally owed.
2. The debtor now possesses assets available for payment.
Proving one proposition does not automatically prove the other. Conversely, proof of assets does not dispense with checking the actual liability and whether payment is due.
A proper decision relates enforceable liability, current means and the debtor's claim of hardship.
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What must the evidence establish?
Kitab al-Hajr: Claimed Insolvency, Detention and Release
Evidence may have to establish two distinct propositions:
1. The debt or compensation is legally owed.
2. The debtor now possesses assets available for payment.
Proving one proposition does not automatically prove the other. Conversely, proof of assets does not dispense with checking the actual liability and whether payment is due.
A proper decision relates enforceable liability, current means and the debtor's claim of hardship.