عنوان مقاله [English]
To prevent abuse or fraud, the law-maker, by enacting laws, was induced to foresee imprisonment for the people who were sentenced financially. However the legislator has not authorized the imprisonment
of the insolvent people. The silence of law-maker with respect to the manner of proceeding insolvency and also the effect of the type of a debt in proceeding insolvency which is seen in the jurisprudential texts and the jurisprudents’ judgments, has been resulted in some disagreement in judicial decisions and finally amounted to giving judgment by the supreme court.
In this article it has been tried to interpret laws in reliance on the jurisprudential texts. Moreover, it has been suggested that if the subject matter of debt is blood-money, marriage settlement (or marriage portion) and guarantee, the convicted party is regarded as insolvent when he claims insolvency.
Furthermore, with respect to those convicted ones who have previous record of solvency (financial ability) or the subject of their debt is the purchase money or the money borrowed, they would be arrested until their insolvency is established and their witnesses are produced. This solution which conforms to jurisprudential and religious requirements, amounts to the reduction of the number of financial prisoners.