Legal Regulation of Debtors' imprisonment: A Study of the Provisions of Jordanian Implementation Law No. 25 of 2007 and its Amendments

Abstract

This research discusses the issue of the imprisonment of debtors in Jordanian implementation law. The topic has raised widespread controversy in jurisprudence because it restricts the freedom of the debtor, which is, on the one hand, guaranteed their ability to continue to fulfil their obligations. On the other hand, imprisoning the debtor raises a controversy among creditors, who believe that without the threat of imprisoning the debtor, there will be no real opportunity to get their money. Through the amendments made to the Implementation Law No. (9) of 2022, the Jordanian legislator tried to find and create a balance between the interest of the creditor whenever the debtor fails to fulfil his obligations and the interest of the debtor without ignoring the economic and social conditions imposed by the COVID-19 pandemic. Arguably, these amendments were not fruitful in many cases from a practical standpoint. The researchers conclude that the Jordanian legislator adopted new cases to prevent the imprisonment of the debtor, including those related to the value of the debt, which is, if less than 5000 JOD, it is not permissible to imprison the debtor, of course, except for real estate lease and work contracts. However, the legislator did not adopt effective alternative means through which the debt could be assured. The research ended with the adoption of several recommendations that, if adopted, would lead to better regulation of the debtor’s imprisonment provisions.