Debt swaps An Islamic Economic Evaluation

Abstract

Introduction:

        Many business owners suffer major financial problems during periods of financial stagnation, the decline of markets and businesses, or under the impact of financial shocks for certain reasons that result in large debts and the consequent financial and legal obligations. This is the beginning of a long and endless path of suffering and the search for a safe exit. It is even worse for financial institutions to facilitate financial solutions that rely on lending as a solution to their financial problem. Debt and its consequences increase, and the problem deepens and becomes complicated until things become entangled and the escape or declaration of bankruptcy becomes an escape from this disaster.

       These solutions, which are often based on the scheduling or purchase of their debts, have led to an increase in the size of the debt and compounded their obligations to the total creditors because of their inability to meet their debts as well as the burden of their services, which compounded and deepened their financial crises. For the benefit of the creditor and how to benefit from it and estimated to revive and re-operate through the sale or securitization, and did not take into account the desire of the debtor to get rid of debt; it can’t sell and securitization not even referred or forgiven and therefore must search for appropriate tools to enable him to get rid of his debts.

      The purpose of this study is to introduce the idea of ​​debt swap in legitimate financing form, so that it reconfigures the relationship between creditor and debtor and the resulting financial and legal obligations, paves the way for their debt relief and establishes productive projects that contribute to economic and social development.

The research discusses this idea it in terms of its economic and legal dimensions and examines the possibility of considering it as a tool for the disposal of debts in a manner that does not conflict with the legal and economic controls in order to contribute to solving the economic problems of these institutions.