Criticism and Study of the Proofs and Views of the Jurists on the Imprisoning of the Insolvent Debtor

This paper ia an attempt to consider the proofs and view points of the jurists concerning imprisoning the insolvent debtor, which falls into five categories. Then it proceeds to criticize and investigate the solution contradictions of those reasons and views in that concern observing the Verse of Andhar (the Public View). as saying: If there is an insolvent or needy person among the debtors, give him/her an opportunity and wait until he/she becomes rich. (II.280)Abu Hanifa and some of the pious men among the Sunnites believe in the imprisonment of the insolvent debtor even if his/her adversity has been proved through backgrounds and proofs.In the traditions related by the shi ites, it has been recounted that the insolvent person must be put into prison until his/her adversity and poverty should be proved, then, he/she can be set free.Some jurists do not agree on the imprisonment, in the frist place, unless the insolvent individual is accused of hiding his/her property or asset. Others allow the imprisonment of the insolvent person, who has lost his property by using it illegally through commiting sins.There is a diversity of opinions among the jurists on the imprisonment length of time of the insolvent person. Considering these traditions and viewcoints pertaining to the imprisonment of the insolvent debtor, there is a contradiction of proofs and viewpoints with the public Views (Andhar).