A Critique of the Dominant Shiite Jurisprudent Views on the Quality of the Issuance of the Verdict of Incapacity of the Bankrupt

The dominant Shiite jurists say that the demand of incapacity (hajr) by the bankrupt and the volunteering verdict of bankruptcy by the judge is not effective and it is only possible in the assumption of the demand of creditors, whereas in written laws the businessman who does not have the power to pay his debts is obliged to request the suspension. In some cases, the prosecutor may voluntarily issue the sentence of incapacity against the debtor. Considering the necessity of conforming the laws with religious standards, the present article has sought in a descriptive-analytical method to eliminate this distinction between sharia law and legislative law. The results of the research show that the documents mentioned by the dominant jurisprudents cannot prove their claim; in addition, there are evidences against the famous viewpoint that it strengthens the rival's view.