On Abu Hanifah’s principle, the judge does not ordinarily take over and sell a debtor’s merchandise simply on creditors’ demand. Compelling payment is distinct from the court acting as seller in place of the owner.
If an overdue debt is owed and the debtor owns shop inventory, his position does not automatically make the judge a general liquidator of that inventory. The debtor remains obliged to discharge the debt.
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The judge’s authority over the estate
Kitab al-Hajr: Insolvency, Interdiction and Creditors’ Rights
On Abu Hanifah’s principle, the judge does not ordinarily take over and sell a debtor’s merchandise simply on creditors’ demand. Compelling payment is distinct from the court acting as seller in place of the owner.
If an overdue debt is owed and the debtor owns shop inventory, his position does not automatically make the judge a general liquidator of that inventory. The debtor remains obliged to discharge the debt.