Year:2023   Volume: 5   Issue: 6   Area:

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  3. ID: 964

Amjad H. Al-Azzam


Following the issuance of Defense Order No. 28 of 2021 in light of the Corona pandemic (to postpone the implementation of decisions to imprison the debtor issued pursuant to the provisions of the Implementation Law), a media storm erupted in the media and social media, inciting Jordanian public opinion against imprisonment of the debtor, prompting the Jordanian legislator to make amendments to The implementation law is one of the most important; Ruling that it is not permissible to imprison the debtor if he is unable to fulfill a contractual obligation, with the exception of real estate leases and work contracts. The problem of the research lies in the legislator’s bias towards the debtor at the expense of the creditor, who in turn will refrain from granting credit and forward transactions, which negatively affects the course of civil and commercial transactions. The study followed the descriptive and analytical approach to the texts of the implementation law and the rulings of the Jordanian judiciary. This study concluded that the debtor imprisonment system contradicts the Jordanian legislator’s approach to emptying prisons of inmates who do not pose a criminal threat to society in order to avoid disrupting them from work and production. The study recommended canceling the debtor's imprisonment on the condition of adopting the civil death penalty system, which represents the paralysis of financial, administrative, and governmental transactions of the procrastinating debtor.

Keywords: Imprisonment of The Debtor, Execution Law, Civil Debt, Creditor, Civil Execution.