مستجدات الإفلاس في القانون الكويتي (71/2020) مقارنا بالفقه الإسلامي

Abstract

The new Kuwaiti Bankruptcy Law No. 71 of 2020 was recently issued, whose drafters aim, according to what was stated in its explanatory memorandum, to improve the business environment, preserve commercial entities, and regulate the provisions for declaring their bankruptcy. Many developments related to bankruptcy were mentioned in the law, and I did not find anyone to study them. Jurisprudence, which clarifies its provisions and shows the extent of their compatibility with Islamic jurisprudence.

In the light of this goal, we studied the concept of bankruptcy in Islamic jurisprudence and Kuwaiti law, and then studied the most prominent developments related to bankruptcy in the current law and compared it with the previous Trade Law No. 68 of 1980 AD, and then explained the position of Islamic jurisprudence regarding these developments, following the inductive, deductive and comparative approach. which is consistent with the nature of this research.

The researcher reached several results, including that some of the developments in bankruptcy in the law are compatible with the provisions of Islamic jurisprudence, while others contradict what is decided by Islamic jurisprudence. We have mentioned recommendations to make the provisions of the law compatible with Islamic jurisprudence.