An Inquiry into Reasons for the Priorities about the Debtor’s Properties

When the Islamic Judge announces a debtor incompetent of invading his properties and judges him as bankrupt, creditors find a right about his wealth and they can take what the debtor owes them from his wealth. But, the point at issue for researchers, at least at first glance, is whether all creditors are equal in this right, and whether there are priorities for some of them. Islamic jurisprudential texts suggest that there are differences between them, since there are cases in which some creditors are preferred to others and have, so to say, some sort of priority. In these cases, the priority is based on criteria found in Islamic jurisprudence ,some of which we point in short: superiority of right, precedence of right, priority of essentially established right to accidentally established right, priority of rights resulted from will to rights not resulted from will, and right’s being daily.  In this dissertation, relying upon principles such as the equality of the rights of creditors, justice and fairness, and other points found in Islamic jurisprudence, I will examine the reasons of the priority of some creditors to others and, criticizing giving priority in some cases, I will reject some of them such as the priority of the right of the seller as to the very sold thing and ….