What is the legal effect of a guardian's disposition of property after an injunction (Hajr) has been placed upon the bankrupt individual?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
If an injunction is placed upon an individual, any disposition of their property through sale, gift, endowment (Waqf), or dedication of property as dower (Mahr) is invalid. This view is held by Malik and one opinion of Al-Shafi'i. The basis for this ruling is that the individual, being subject to a judge's injunction, cannot validly dispose of assets, similar to an incompetent person (Safih). Furthermore, the rights of the creditors are attached to the assets themselves, prohibiting disposition, analogous to mortgaged property.
Supporting text
A dissenting view holds that the disposition is suspended. If the remaining property after the disposition is sufficient to cover the creditors' claims, the disposition is executed; otherwise, it is voided.