ISSN: 2225-8329
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This research explores the issue of debt repayment difficulties and the solutions provided within Islamic law from a qualitative perspective. The study aims to understand how Islamic legal principles address the challenges faced by individuals who encounter financial hardship in repaying their debts. By analyzing primary sources of Islamic jurisprudence, including the Qur'an, Hadith, and the writings of classical and contemporary scholars, this study offers a deeper insight into the ethical, legal, and practical solutions prescribed by Islamic law. In this study a qualitative exploration of the concept of debt in Islam, differentiating between lawful debts (Qard Hasan) and unlawful, interest-based debts (Qard Riba), highlighting the moral and legal obligations associated with each. It then focuses on the specific solutions provided by Islamic law for those facing difficulties in repaying debts. These solutions include debt rescheduling (Tajil), debt forgiveness (Takhfif), and the possibility of debt settlement or reduction through Irfan (compromise). The population of the study consisted of Islamic legal scholars, Islamic financial practitioners and debtors in Malaysia. The interview and case study components of the research, a purposive sampling technique will be employed. The sample will consist of (15) respondents which consists of Islamic legal scholars with expertise in Islamic finance and debt management, Islamic financial practitioners who are involved in providing services to individuals experiencing financial hardship, debtors who have faced challenges in paying debts and have sought solutions under the guidance of Islamic principles and the financial institutions that provide Shari’ah-compliant financial products. The findings suggest that the implementation of these legal solutions can contribute to more equitable, compassionate, and ethical financial practices, both within Islamic societies and beyond. The findings indicate that Islamic law provides not only a legal framework for debt repayment but also an ethical approach that prioritizes the well-being of individuals and the greater social good.
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