M.A. Thesis:

Legal Jurisprudence Investigating the Compensation of Mortgages by Emphasizing Judicial Procedure

One of the most common lawsuits in the courts is the adjustment of the installment of the convict. If the person is recognized by the court as authorized to pay the sentence to the convicted person, and if any of the parties for any reason has requested a reduction or increase in the installments, they must file a petition to amend the sentence of the convicted person. If the claim for usury is accepted, if the debtor is deemed to be able to pay the installments, the court will issue an appropriate term for payment or issue a debt installment order while issuing the usury order, considering his situation. In determining the installments, the amount of income owed and the livelihood must be necessary or taken into account and in such a way that he is able to pay it. Shiite and Sunni jurists cite verse 280 of Surah Al-Baqarah / which instructs the disabled person to give a respite until he receives an opening in his economic situation: To be proved or by a ruling. The popular view in Shiite and Sunni jurisprudence is that the ruling is general and includes all debts, but some jurists and commentators have said that this ruling is specific to usury, which is sanctioned by the addition of usury in previous verses, and in principle lending and capital, giving Deadline has become mandatory, but in other debts it is not given a deadline but is due to the prisoner.

Keywords: Asar, Modification, Convicted, Judicial Procedure, Jurisprudence and Law