وهو يقول لا مال لي
Translation: While he says, “I have no property.”
This is a claim of insolvency, not proof by itself in every circumstance. A person genuinely unable to pay differs from someone able to pay but deliberately withholding payment.
The judge must distinguish two questions: is the debt presently due, and does the debtor have means to discharge it? Confusing these questions blurs the distinction between hardship and wilful nonpayment.
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The debtor states that no assets remain
Kitab al-Hajr: Claimed Insolvency, Detention and Release
وهو يقول لا مال لي
Translation: While he says, “I have no property.”
This is a claim of insolvency, not proof by itself in every circumstance. A person genuinely unable to pay differs from someone able to pay but deliberately withholding payment.
The judge must distinguish two questions: is the debt presently due, and does the debtor have means to discharge it? Confusing these questions blurs the distinction between hardship and wilful nonpayment.