Opinion
Justice with compassion: Reimagining insolvency through an Islamic lens
* How Qur’anic ethics and classical fiqh can inform a modern bankruptcy framework for Qatar
As Qatar debates a proposed bankruptcy law, a familiar dilemma returns to centre stage: can an insolvency regime be both economically efficient and morally compassionate? The easy answer is to choose one over the other. The harder, and more interesting, answer is rooted in Islamic legal tradition; neither are mutually exclusive.
For more than fourteen centuries, Islamic jurisprudence has sought to hold justice (‘adl) and mercy (rahmah) together within one coherent framework. Islam treats debt as a serious, almost sacred undertaking.
The Qur’anic command in Surah Al-Maidah requires the believers to be faithful, "O you who belief, fulfil your contracts” and grounds commercial life in trustworthiness (amánah). Yet this obligation is immediately tempered by a call to mercy in Surah Al-Baqarah; those in hardship are to be granted time until ease, and forgiveness, when possible, is better. This dual emphasis is not a rhetorical flourish, but it is a practical architecture for handling financial distress in ways that neither abandon creditors nor crush debtors.
Classical jurists translated these values into legal mechanisms that look strikingly modern. The doctrines of iflás (bankruptcy or insolvency) and hajr (court-ordered restraints on a distressed debtor’s disposal of assets) performed functions we now associate with automatic stays, supervised liquidation, and debtor protections. They aimed to prevent value-destroying races to seize assets, ensure proportionate distribution among claimants, and preserve the debtor’s basic subsistence and dignity. In short, Islamic law never required a choice between order and compassion, rather it insisted on both.
Three Pillars for a Modern
Shariah-Aligned Framework
Predictability without rigidity: Credit markets rely on clarity. Creditors, conventional or Islamic, must know how claims are verified, prioritised, and satisfied, and over what timeline. Digital filing, standardised procedures, and professional insolvency administration are not alien to Islamic ethics; they are contemporary expressions of amánah and procedural fairness. A predictable system lowers the cost of capital, channels funds to productive uses, and ultimately benefits households and firms alike.
Relief without moral hazard: The Qur’anic call to grant respite in Surah Al-Baqarah does not erase debt, but humanises its enforcement. It is a temporary moratoria where hardship is genuine, restructuring plans preserve viable businesses and, after transparent co-operation, access to discharge for honest failure becomes an option. Islamic social finance adds a distinctive tool as the category of gharimín (overburdened debtors) as one of the rightful recipients of zakat. Linking well-governed zakat and waqf institutions to the formal process can retire residual, good-faith debts when doing so demonstrably prevents long-term exclusion and restores economic participation.
Second chances with accountability: Islamic sources distinguish sharply between ethical default and commercial risk. The prophetic warnings about the "bankrupt” person target those who wrong others intentionally and purposefully, not entrepreneurs whose ventures fail despite diligence. Modern law should reflect that nuance, deterring fraud and negligence vigorously but not stigmatising honest failure. Safe harbours for directors acting in good faith, streamlined small- to medium-enterprise restructurings, and post-discharge rehabilitation, including financial education and access to microfinance, help convert temporary setbacks into future productivity.
Three Phases for Effective Insolvency Reform
Pre-bankruptcy (early intervention and preparedness): Encourage out-of-court workouts and pre-pack plans, supported by mediation centres fluent in murábahah, istisná, ijárah, and mushárakah. Early dialogue preserves going-concern value, reduces litigation, and respects Sharia-compliant structures. Add timely disclosures and data sharing to flag stress early, so parties can negotiate credible standstills and stabilise operations before formal filing.
Bankruptcy occurs (orderly protection and fair priorities): When proceedings begin, apply a calibrated, time-limited stay, echoing hajr, to pause unilateral enforcement while viability is assessed and a plan is crafted. Include narrow carve-outs for perishables, critical supplier payments, and clear public-interest needs. Clarify priority rules that honour trust relationships: protect amánah-like assets (client monies, segregated accounts), define treatment of profit-sharing investment accounts, and empower courts to avoid preferential or sham transfers.
Post-bankruptcy (reintegration and institutional learning): Create referral pathways from courts to zakat and waqf bodies under transparent governance. Use targeted public–private funds to retire residual obligations where this verifiably improves reintegration and lowers future welfare costs. Publish anonymised outcomes, durations, and recovery rates to build jurisprudence and guide pricing; use the evidence to streamline micro-cases, seat specialised benches for complex cross-border matters, and calibrate timelines for cost and fairness.
For Qatar and Beyond
A Shariah-attuned insolvency law should infuse competitiveness. Entrepreneurs need a path back after honest failure, households require assurance that distress will be managed with dignity, and investors need the expected and promised returns with fairness. Bringing these aims together within a normative Islamic frame can produce a system that is recognisably ours; principled, compassionate, and modern. Crucially, the synthesis is not a compromise between "Western efficiency” and "Islamic values”. Mercy without structure breeds moral hazard, while structure without mercy erodes the social trust on which commerce depends. The classical pairing of iflás and hajr, animated by the Qur’anic ethic of contract fidelity and hardship relief, offers a third way, an insolvency regime where enforceability and empathy reinforce one another.
As Qatar refines its draft, the opportunity is larger than compliance or procedural tidiness. It is to model a framework in which creditor remedies are credible, debtor dignity is preserved, and second chances are real, though never costless. Such a law would speak fluently to international markets while remaining rooted in Islamic jurisprudence. It would also send a cultural signal that failure, handled honestly and transparently, is not a life sentence but a chapter in a longer story of responsibility and renewal. Insolvency law, at its core, is a social covenant. We promise creditors that their rights mean something. We promise debtors that temporary hardship need not define a lifetime. And we promise our community that commerce will be conducted within an ethic that is both timeless and timely, where justice and compassion meet, and where markets serve people without allowing anyone to escape accountability.
Mohammed Muslehuddin Musab is a Researcher at Hamad Bin Khalifa University’s Center for Islamic Economics and Finance.
(This piece has been submitted by HBKU’s Communications Directorate on behalf of its author. The thoughts and views expressed are the author’s own and do not necessarily reflect an official University stance.)