The creditors ask a judge to detain the debtor while he claims hardship. The decision is not based on the creditors' dissatisfaction alone or on an unsupported declaration: the contract, source of liability and financial position must be examined.
Habs is a historical enforcement procedure; hajr is interdiction of financial dealings. The previous level explained interdiction. This level investigates the separate evidentiary framework for detention.
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A creditor request and judicial inquiry
Kitab al-Hajr: Claimed Insolvency, Detention and Release
The creditors ask a judge to detain the debtor while he claims hardship. The decision is not based on the creditors' dissatisfaction alone or on an unsupported declaration: the contract, source of liability and financial position must be examined.
Habs is a historical enforcement procedure; hajr is interdiction of financial dealings. The previous level explained interdiction. This level investigates the separate evidentiary framework for detention.